Volume 23, Number 1
Tome 23, Numéro 1
September 1974
Septembre 1974
mm
Canadian
Association
of
University
Teachers
l'Association
canadienne
des
professeurs
d'université
Clear federal role
in research sought
Changes proposed
for education in
Nova Scotia
by Israel Cinman
Contradictory statements by the
Federal government and the Council
of Provincial Ministers of Education
have forced the Canadian Associa-
tion of University Teachers to seek a
clearer definition of the role the
Federal government intends to play
in making research grants to post-
secondary institutions in Canada.
In a letter addressed to the Prime
Minister, the President of the CAUT,
Professor Richard Spencer, welcom-
ed the general thrust of the Trudeau
government's policy towards univer-
sity research and in particular the
funding of research councils com-
posed of scholars as the granting
agencies. He also said that the
Association was pleased to have the
assurance from the Prime Minister
that these granting agencies wi'.i be
able to make grants directly to in-
dividual researchers, and that it is not
the government policy to channel uni-
versity research grants through
provincial ministries.
But while applauding these policies,
Professor Spencer nevertheless
pointed to a recent public speech
made by Dr. François Cloutier,
Chairman of the Council of Ministers
of Education, in which the Minister
said that the Council stressed to the
federal government the desire of the
provinces to be consulted in the area
of federal funding of university
research. Dr. Cloutier said that the
Council insisted that the central
government should refrain from deal-
ing directly with the universities in
this "very important area," and
pointed to the constitutional respon-
sibilities that the provinces have been
entrusted with to plan and develop
their jurisdictions according to their
priorities. "We feel that we have
secured the support of Ottawa in
principle on this issue," he said. It is
this latter part of the statement, con-
tradicting the stated federal policy,
that the CAUT wished to have clarifi-
ed by the Prime Minister.
Professor Spencer went on to say
that the CAUT was encouraged by
the Government's proposal to create
an Inter-Council Coordinating Com-
mittee, whose function would be co-
ordination and not direction of grant-
ing agencies, but suggested that the
government might consider the ap-
pointment to the Council of represen-
tatives from the academic com-
munity, to assuage the possible fears
in the academic community concer-
ning the growth of the Committee's
power.
The CAUT Council recommended
last May the continuation of a strong
federal presence in financing of post-
secondary education and university
based research, and voted to use its
document on federal financing of uni-
versities as basis for lobbying the
government in the 1976 round of
Federal-Provincial fiscal
negotiations. According to Professor
Donald Savage, Executive Secretary
of the Association, the CAUT
Executive will consider this month
various avenues of , large-scale
lobbying during this academic year.
In this issue
Sy localisation à l'Université du Manitoba _
New Universities Act in B.C.; Saskatchewan.
Chilean academics : a progress report
Academic Freedom and Tenure
Pensions/ régimes de retraite
by Israel Cinman
The Royal Commission on
Education, Public Service and
Provincial Municipal Relations
established three years ago by the
Nova Scotia Legislature has tabled
its recommendations this summer,
which call for a massive overhaul of
the province's educational system.
Setting its sights on the province's
primary, secondary and post-
secondary levels of education, the
Committee, headed by Dr. John F.
Graham, an economist at Dalhousie
University, fired a broadside at the
universities, charging them with
failure to consider the long term
effects of their present aims.
According to the report,
universities should be required to
justify all their existing and projected
programs in terms of their
contribution to the achievement of
the purposes of the universities as
institutions of higher intellectual
Collective Bargaining : Special Report
Négociation collective : Rapport spécial
10
Books/ Livres _
Letters/ Lettres
Academic Vacancies/Postes vacants
21
8
_ 28
study. The report said that for too
long has institutional autonomy been
"erroneously equated with academic
freedom and used to justify an
almost complete lack of public
accountability."
"A university, of ail institutions,
should be able to explain itself
clearly, intelligently and
articulately," the report said.
The commission wants to see
universities describe, justify and
account for their programs to an
intermediary body and do this
publicly, at least once a year. It
wants each university to make public
a full audited financial statement
annually, with annual budgets open
for public perusal.
"The governement cannot hold
the universities accountable unless it
knows why it is supporting them.
The public cannot hold the
government accountable for the use
of public funds unless there are
criteria for evaluation. Neither the
public nor the government are likely
to bè able to formulate fair and
effective criteria for accountability
without the assistance of the
universities."
Referring to university costs and
financing, the report states that
research and related study have a
large element of social benefit and
that their costs should be borne
principally by the public. It suggests
that the provincial government make
grants payable to the universities for
research, with initially the grants
equalling tuition revenues in
graduate, medical and dental
programs and one-quarter of tuition
revenues in all other programs.
The university and an appropriate
intermediary body — The Maritime
Higher Education Commission
should then jointly decide upon an
appropriate method of determining
the amount that shouid be allocated
to each university after the initial
period.
The committee recommends that
Changes. . . cont'd on p. 2
From the Editor...
Through the years, the CA UT Bulletin served the CAUT members as a
house organ, as a vehicle for distribution of CAUT policy statements and
guidelines, news of committee activities and of Council meetings. It has
reported on major cases dealing with academic freedom and tenure, has
published articles on issues of interest to faculty associations, has provided
individual members with a platform to express their views and has published
book reviews.
Throughout its almost twenty-year existence, the Bulletin has undergone
a number of changes in format — from single mimeographed sheets in the
early 50's to its first printed edition in 1956, to a quarterly Bulletin
supplemented by a quarterly Newsletter in late 50's, to a combination of the
two in 1972.
All these changes were undertaken in response to the always developing
nature of the Association, the increase in its membership and the shifting of
its priorities.
The Bulletin now before you reflects the latest transformation within the
CAUT. Last May, the CAUT Council, among other things, approved the
creation of regional CAUT offices in Halifax and Edmonton as a way of
strengthening the CAUT presence in the Atlantic and Western regions and a
means of replying to an increased number of requests for assistance from local
associations in their drive towards certification and collective bargaining.
With more emphasis on regional activities, the CAUT Bulletin will become a
newsmagazine published six times a year, commenting on important and in-
teresting developments across the country, using the regional offices and the
CAUT personnel there as sources of information as well as its usual con-
tributors.
There is another reason for the change in the format of the Bulletin. In the
last few years the printing industry has been staggered by a series of increases
in the price of paper, driving some magazines out of circulation, while
emphasizing to others the virtues of cheaper, faster production schedules and
modern printing techniques.
The CAUT Bulletin will benefit from the changes in format and the type
of paper used, and these benefits can be passed on to our advertisers. Whereas
before we were forced to keep our rates for classified advertisements at $1.50
per line, we can now drop the price to $ 1 .25 per Sine, thus in effect "passing the
savings on to our advertisers." Elsewhere in the issue you will find the new
rates for display advertising.
Although new in appearance, the CAUT" Bulletin is still a periodical for
the Canadian academic community. It will still be a vehicle for discussion of
academic issues. It will still publish book reviews, reports and major CAUT
documents and will prepare special supplements on issues of importance to
Canadian academics. Two years ago, when the Bulletin underwent a change in
format and frequency of publication, it was met by overwhelming approval
from our members. We hope that the new Bulletin before you will be greeted
with the same enthusiasm.
Israel Cinman
du rédacteur...
Depuis près de vingt ans, le Bulletin de l'ACPU est un instrument de
communication entre les membres de l'Association; il sert à diffuser les
énoncés de principes et directives de l'ACPU et rend compte de l'activité des
comités et des réunions du Conseil. On lui doit, entre autres, des exposés sur
des causes importantes en matière de liberté universitaire et de permanence de
l'emploi, des articles sur des questions intéressant les associations de
professeurs; il a servi de tribune libre à bien des membres et a publié des
critiques d'ouvrages.
Au cours de son existence, le Bulletin s'est métamorphosé plusieurs fois,
passant de simples feuillets polycopiés au début des années 50 à sa première
livraison imprimée en 1956, puis à un Bulletin trimestriel complété par un
Communiqué trimestriel vers la fin des années 60, pour aboutir à une com-
binaison des deux en 1972.
Chaque changement a résulté de progrès importants réalisés par
l'Association, de l'augmentation du nombre de ses membres, et de l'évolution
de ses préoccupations.
Le Bulletin que vous recevez aujourd'hui correspond à une nouvelle
phase de croissance. En mai dernier, le Conseil de l'ACPU a approuvé, entre
autres, la création de bureaux régionaux à Halifax et à Edmonton pour donner
plus de poids à la présence de l'Association dans les régions de l'Atlantique et
de l'Ouest et pour mieux répondre au nombre croissant de demandes
d'assistance de la part des associations locales qui veulent se faire accréditer
pour la négociation de conventions collectives.
Accordant plus de place aux événements régionaux, le Bulletin de
l'ACPU devient un magazine publié six fois par an offrant des commentaires
sur les événements d'un grand intérêt survenant aux quatre coins du pays,
grâce à l'apport du personnel des bureaux régionaux de l'ACPU qui devien-
nent de nouvelles sources de renseignements et d'articles.
Le changement de format du Bulletin a aussi une autre raison. Depuis
quelques années les imprimeurs sont écrasés par des hausses successives du
prix du papier: certaines publications ont dû disparaître, tandis que d'autres
ont vu les mérites d'une production meilleur marché et plus rapide. Sous son
nouveau format, sur papier moins cher, le Bulletin est plus économique; il a
donc été décidé d'en faire profiter nos annonceurs en baissant le tarif des
petites annonces de $1.50 à $1.25 la ligne. Le nouveau tarif des annonces en
vedette est publié dans une autre partie du présent numéro.
Sous sa nouvelle toilette, le Bulletin de l'ACPU demeure le périodique des
universitaires canadiens. Ses colonnes restent ouvertes à la discussion des
problèmes universitaires. Il continuera de publier des critiques d'ouvrages, des
rapports et les principaux documents de l'ACPU; des éditions spéciales
traiteront de questions d'une importance particulière pour les universitaires
canadiens. Les modifications apportées au Bulletin il y a deux ans, format et
fréquence des numéros, avaient recueilli l'approbation de la grande majorité
des membres. Nous souhaitons au nouveau Bulletin un accueil aussi
enthousiaste.
Israel Cinman
Changes . . . from p. I
these allocations take the form of
block grants announced at least three
years in advance; that this system of
financing should be introduced over
a period of five years after
consultation with universities, other
provinces and federal government.
"The province should take every
opportunity to attempt to gain the
support of the fédéra! and provincial
governements for a system of
university financing based on fees
equal to the full instructional cost of
university education accompanied by
an extensive program of student
assistance."
It cautions, however, that the
province should not attempt to
implement this system until a
sufficient number of other provinces
have agreed to adopt a similar
system of university financing. A too
early implementation, says the
report, will result in a serious loss of
students to other provinces.
In the interim period the report
suggests that student fees be
increased annually by at least the
same percentage as university
expenditures per student have
increased in the previous year,
provided that the fees do not jump to j
an unacceptable level in comparison j
with other provinces.
If these recommendations are j
accepted, then the Nova Scotia
system of loans and bursaries for !
students attending
institutions is in
transformation.
post-secondary
for a radical
Saying that the present system of
provincial loans and bursaries
should be abolished the report states
that "students should bear a greater
proportion of the cost of their
university program." Under the
Graham recommendations, all loans
should be interest free while the
student is m full-time study and for a
period of five years thereafter.
Subsequent1 the report
recommends thai the interest rate on
the loan should be one quarter of one
per cent above the cost of borrowing
to the province.
The report also suggests that
poorer students should be given a
grant each year of their
undergraduate education "sufficient
to permit them to. acquire an
undergraduate education without
accumulating a debt that is
substantially higher than the debt
that a student of. average means
would require."
It also recommends that the Nova
Scotia Teachers College be
transferred to Halifax; that its good
programmes be retained, and that it
be enlarged to take care of all teacher
education. It suggests that the new
Teachers College be affiliated with a
university, and that all university
Departments of Education be phased
out.
Educational television
for British Columbia
A report on educational television
which recommends the establishment
of an independent authority to
manage ail communication facilities
in British Columbia was released this-
summer by the province's Transport
Minister, Robert Strachan.
The report, prepared by Barrie
Clark, former broadcaster and
Liberal member of the legislature
said a British Columbia Com-
munications Authority (BCCA) is
necessary to provide the required
coordination and integration of such
facilities.
Commissioned in March, the
report also recommends:
The BCCA establish an education
broadcast division and a computer
and data service department;
The BCCA enter into negotiations
with CBC and the BC Television to
assist and encourage extension of ser-
vice in the province;
The BC Government continue to
press the federal government for
regulatory jurisdiction over all com-
munication facilities within the
province;
The BCCA set up a provincial
microwave or satellite commu-
nications network.
It also states that a provincial
equivalent to the CRTC would be an
appropriate agency to oversee all the
communication facilities in B.C.
Strachan, in presenting the report,
said that Clark's recommendations
were not government policy and the
proposals would be studied before
any action is taken.
The CAUT and ACTRA, through
the Western Media Committee will
present their views on the proposed
authority. Of special concern to
CAUT, ACTRA and other provin-
cial educational bodies, including the
community colleges, is the clause
recommending the creation of an
educational broadcast division,
which will be discussed when CAUT
representatives will meet with the
Minister of Education, Eileen Dailly,
iater this month.
Page 2 — CAUT Bulletin ACPU September /Septembre 1974
Syndicalisation à
l'Université du Manitoba
Court orders
professors reinstated
In a decision that could have wide
implications for US colleges and
universities, a New Jersey court has
ordered Bloomfield College to
reinstate 13 tenured faculty members
and to reverse its abolition of tenure
for the rest of the teaching staff.
Judge Melvin Antell of the
Superior Court of New Jersey ruled
last summer that the small private
college had broken a contractual
agreement with its faculty and had
failed to show that -the dismissal of
the 13 faculty members had been
necessitated by financial exigencies.
He said that the college
administration's trustees' "primary
objective was the abolition of tenure
at Bloomfield College, not the
alleviation of financial exigency."
Bloomfield College abolished
tenure last year and dismissed 13
faculty members, 11 of whom were
tenured. The administration said
that rising costs and declining
enrollments have made it impossible
to retain the 13 faculty members. The
dismissed personnel and the local
chapter of the American Association
of University Professors, disputing
the assertion that a financial crisis
existed, sued for damages that might
have reached $10 million. They
claimed that no proof for the
financial exigency claim had been
offered by the university and that
new faculty had been hired. The
President of the College, Merle F.
Allshouse has conducted a vigorous
national campaign against the
AAUP — so costly that when the
matter was brought before the recent
annual meeting of the AAUP, the
delegates considered this to be
another indication of the falsity of
the statement of financial exigency,
and voted to censure the College.
In his decision, Judge Antell said
academic tenure "is not merely a
reflection of solicitude for the staff of
academic institution, but of concern
for the general welfare by providing
for the benefits of uninhibited
scholarship and its free
dissemination."
"Tenure," he added, "should be
vigilantly protected by a court of
equity, except where... the survival
of the college is imperiled." Even
then, the judge added, the college
must demonstrate that the
"severance of tenured personnel" is
"a measure reasonably calculated to
preserve its existence as an academic
institution." The Bloomfield
administration and trustees, the
judge said, did not do that. Judge
Antell also cited the college's hiring
-of 12 new faculty members around
the time the 13 were dismissed.
The explanation that the
newcomers were brought in to meet
the demands of a modified
curriculum is totally unacceptable,
the judge said. "No explanations
were given by the College as to why
the tenured faculty members could
not meet its requirements." "The
court is of the view that termination
of tenure based on changes in
academic programs can be justified
only after a faculty evaluation of the
problem," the judge added. The
Bloomfield faculty had opposed
many of the curriculum reforms
proposed by President Allshouse.
President Allshouse said the
college would appeal the decision
through the New Jersey court
system. I.C.
par E. Annandale et N. Losey
À la fin de janvier 1973 l'Associa-
tion des professeurs de l'Université
du Manitoba (UMFA) a présenté
une demande d'accréditation à la
Commission des relations du Travail
du Manitoba. C'était le début de dix-
huit mois d'efforts de syndicalisation,
efforts qui porteront fruit finalement
cet automne.
Depuis le début, des difficultés
d'ordre légal et procédural n'ont pas
cessé de surgir. Ces difficultés
provenaient en partie de la com-
plexité de l'université, du caractère
sans précédent au Canada anglais de
cette demande d'accréditation et de la
variété des sentiments au sein même
du corps enseignant devant cette
question. L'opposition de certains
professeurs a en effet contribué pour
beaucoup à retarder une décision de
la Commission.
Une première audience, accordée
par la Commission le 23 avril 1973,
n'a duré que 90 minutes, certaines
décisions de la Commission étant
déjà contestées par les représentants
des professeurs s'opposant à la syn-
dicalisation. Ces questions ayant été
portées devant les tribunaux, qui ont
maintenu les décisions de la Com-
mission, les audiences ont pu repren-
dre.
Il fallait ensuite résoudre la ques-
tion de savoir si l'UMFA est un syn-
dicat. Après un jour d'audience, tous
les avocats, représentant l'UMFA,
l'Université, et les groupes opposant
la certification, ont paraphé un ac-
cord selon lequel un référendum sur
la syndicalisation devait avoir lieu.
Dans le cas d'un vote négatif,
l'UMFA retirerait sa demande d'ac-
créditation. Dans le cas d'un vote
positif (50%+ 1) les groupes opposant
la certification cesseraient de con-
tester la nature syndicale de
l'UMFA. La consultation a eu lieu
les 27 et 28 novembre dernier.
Avaient le droit de participer au
référendum tous les professeurs (y
compris le président de l'Université)
et les bibliothécaires professionnels
employés par l'Université au moment
où la demande d'accréditation a été
déposée, soit à la fin de janvier 1973.
La participation au référendum était
de l'ordre de 85%. La majorité en
faveur de l'accréditation était de
57.5%.
Enfin, en mars de cette année, la
Commission a entendu les arguments
pour et contre l'accréditation. En
avril la Commission a annoncé son
intention d'accréditer l'UMFA. Elle
a décidé en même temps que les
bibliothécaires professionnels, les
chefs de département feraient partie
de l'unité de négociation, mais que les
doyens et les officiers administratifs
(présidents, vice-président, etc.) en
seraient exclus. Elle a en outre an-
noncé qu'une deuxième consultation
seraient organisée à une date qui
restait encore à déterminer. Il s'agit
de demander aux professeurs ap-
partenant ou ayant le droit d'ap-
partenir à des associations dites
"professionnelles" dont le statut est
déterminé par une loi provinciale s'ils
veulent adhérer à l'unité de
négociation.
À la suite de plusieurs réunions, il a
été décidé que le vote aura lieu le 25
septembre et que le dépouillement des
bulletins aura lieu le 30 septembre.
Pour que la décision soit en faveur de
l'adhésion, il faudra que 50% + 1 de
ceux ayant le droit de participer vo-
tent en faveur. Cela veut dire que les
abstentions et les bulletins annulés
compteront comme des voix
négatives.
L'identification des "professionnels"
présente une autre difficulté à
surmonter avant septembre. Mais une
fois ce problème réglé, les
"professionnels" seront considérés
comme un bloc et le résultat du
référendum s'appliquera à tous sans
distinction. C'est-à-dire, tous feront
partie de l'unité de négociation oû
tous en seront exclus.
Au terme de près de deux ans d'ef-
forts, l'UMFA entrevoit avec
soulagement la fin de la lutte pour la
certification. Dès cet automne le
travail essentiel de négociation
pourra être entamé.
$375,000 awarded to
women, minority faculty
In the largest compensatory pay-
ment in relation to sexual or racial
bias made by any university in North
America to date, Rutgers University
has recently agreed to pay more than
$375,000 in compensation to women
and ethnic minority group faculty
members who have been receiving
lower salaries than their white-male
colleagues.
According to Joel W. Barkan, the
regional director of the Federal Office
; for Civil Rights in New York, the
money represents salary increases
that put 186 women and 24 minority
group members on a par with their
white-male colleagues. In some cases
the payments were made retroactive
to 1969.
The payments grew out of a com-
plaint filed by eight female faculty
members three years ago, charging
that they were being discriminated
against because of their sex.
As federal investigators studied the
circumstances relating to the case of
the six women. Mr. Barkan said,
they became aware of salary dis-
parities involving others and "infor-
mally" notified university officials.
The university then set up its own
review, and eventually determined
that 202 faculty members were
intitled to some $275,000.
The details of the case involving
the eight women were worked out
this summer, ànd they agreed to
accept the settlement of- more than
$100,000, making the $375,000 total.
Retroactive payments to individuals
will range from $3,248 to $19,574.
* In Canada, the University of
Toronto made compensatory
payments to 52 full-time women
faculty members totalling $79,851.
This followed after a joint faculty-
administration committee had
examined individual complaints.
Officials at McGill, commenting
on the Rutgers payments, said the in-
stitution had no plans to copy the
New Jersey university, since there
was no salary discrimination.
But** Professor Rose Johnstone, a
member of a McGill committee
studying sex discrimination, said it
had found the average salary of
women professors was lower than
those for men.
Professor Margret Andersen who
lieads the CAUT Status of Women
Academics Committee said that a
number of other universities in
Canada have made compensatory
payments to their female faculty
members and that reports on the
status of women academics at the
University of British Columbia.
Queen's University, Waterloo and
McMaster have shown that dis-
crepancies between salaries of male
and female facuity members exist.
She said that the Committee will
devote most of its time this year to
settling inequities in salaries, using
human rights codes in some
provinces to attain the necessary
results. I.C.
CAUT Bulletin ACPU September/Septembre 1974 — page 3
New Universities Act in B.C.
The long-awaited British Columbia Universities Act was tabled this
summer. Professor John Hutchinson, President of the Confederation of
University Faculty Associations in B.C. looks at the first document on
post-secondary education in British Columbia since 1963.
On Monday, 10 June, 1974 the
Honourable Eileen Dailly, Minister
of Education, tabled in the B.C.
legislature the long-awaited Report
of the University Government Com-
mittee, chaired initially by Mr. John
Bremer and latterly by Professor
Walter Young of the University of
Victoria. At the same time, she in-
troduced a new Universities Act, the
first substantial revision since 1963.
While the Report was generally well
received by faculty members because
of its sensible and enlightened ap-
proach, the new Act regrettably
departed from its recommendations
at several critical points. Since the
Act bore all the marks of hasty
draftsmanship- and ill-considered
compromise, it was hoped that a full
opportunity would be provided for
public response and debate in the
Education Committee of the
Legislature.
Instead, the government argued
that the necessary consultation had
taken place during the hearings of the
University Government Committee,
and that it was therefore justified in
carrying through the Act with all
possible speed. The main reason for
this unseemly haste was the
government's determination to en-
sure that the new "interbody", to be
called the Universities Council,
would be set up in time to examine
next year's budgets. It will be recall-
ed that this government has express-
ed strong views about the need for
social responsiveness and account-
ability in university affairs.
Given a mere forty-eight hours in
which to comment on the new act,
members of the Council of
CUFA/BC prepared and submitted a
list of 25 amendments, seven of which
were thought to be of vital impor-
tance. These were vigorously sup-
ported by CAUT. The Act as pas-
sed incorporated only a few of these.
The government refused to recon-
sider the composition of senates,
which under the new Act reduces
academic faculty to between 38% and
43% of the total membership. It also
held firm in excluding faculty
members from eligibility for appoint-
ment to the Universities Council,
although some concessions were
made which will prevent the
Executive Director from acting
without the knowledge and consent
of the Council.
At the time of writing, the Council
of CUFA/BC is preparing a list of
suggested nominations to the Univer-
sities Council. Neither its Chairman
nor its Executive Director have been
appointed. Although the legislation
under which it will operate appears to
protect the autonomy of the univer-
sities, it is too early to say whether
B.C. will escape the bureaucratiza-
tion and centralization which have
accompanied the establishment of
similar bodies elsewhere. In any case,
the government has assured represen-
tatives of CUFA/BC that there will
be a fuller opportunity to discuss
further amendments to the Act
before the spring session of the
legislature.
Saskatchewan Universities Commission
Public should be informed
by Israel Cinman
The Saskatchewan Universities
Commission should operate with as
much openness as possible. This is
the message that the Canadian
Association of University Teachers
hopes to convey to the Commission
and its newly appointed head, Dr.
Stirling McDowell.
In a letter addressed to Dr.
McDowell, Professor Donald
Savage, Executive Secretary of the
CAUT, reiterated the need for fullest
possible openness in the
Commission's business voiced by
Professor J. K. Johnstone, Chairman
of the Faculty Association in
Saskatoon. Citing the example of the
Oliver Commission on Post-
Secondary Education in Manitoba
which recommends more openness in
the affairs of universities there,
Professor Savage recommended that
the meetings of the Saskatchewan
Commission be made open whenever
possible, and suggested that all
recommendations of the
Commission be made public as soon
as possible after they have been
transmitted to the Minister of
Education. He also asked that the
minutes of the Commission be sent
as a matter of course to university
presidents and to the presidents of
the Regina and Saskatchewan
Faculty Associations.
The Commission was formed
following the passage, of three acts
governing university education in
Saskatchewan this spring. The nine
member body, charged by the NDP
government with overseeing the
affairs of the province's three univer-
sities, has the power to hire its own
staff and to set up various advisory
bodies which will include a business
affairs committee, a program coor-
dinating committee to advise on the
rationalization of all undergraduate
programmes, a graduate studies and
research committee and a capital
planning and development committee.
It is enjoined by statute from interfer-
ing in the exercise of certain powers
by the universities, in particular the
formulation and adoption of
academic policies and standards, the
establishment of standards for- admis-
sion and graduation, and the selec-
tion, appointments and dismissal of
staff. But because there was little
attempt made to secure through
statute, that the commission would
act in an open manner, the CAUT
has joined the Saskatoon Faculty
Association in requesting more
openness.
"Without openness," Professor
Savage said, "there will always be a
suspicion of political influence, partly
because secrecy breeds suspicion and
partly because no one will know
whether or not the Commission has
really made a good case for the
reasonable programmes of univer-
sities to the government."
The CAUT Executive Secretary,
along with Professor Richard
Spencer, the CAUT President and
Presidents of Saskatchewan Universi-
ty Faculty Associations are hoping to
meet the Minister of Education and
the Head of the Commission to dis-
cuss these problems during the an-
nual meeting of the Western Faculty
Associations of the CAUT this
month.
Some Chilean refugees
placed; majority still jobless
by J. C. M. Ogelsby
The Board of the CAUT made
known its concern at the plight of.
Chilean academics and students in
October, 1973. It recommended that
the Canadian government handle the
matter "with the same sense of urgen-
cy that very properly was shown in
the cases of the refugees from
Hungary, Czechoslovakia and
Uganda".
The Canadian government has in
the meantime processed more than
1,290 refugees of which some 670
have, taken up residence in Canada.
The others have gone elsewhere.
Of the 670 refugees (many of
whom are children) some 180 have
qualified as professionals or students
who were forced to leave their posts
t>r universities by the military
government. In order to assist these
particular refugees the CAUT joined
together with the SSRC, the
HRCCC, the AUCC, CALAS,
WUSC, and, more recently, NUS, to
sponsor a programme to find places
in \cademia for displaced colleagues
and students. The sponsoring com-
mittee obtained support from The
Ford Foundation in New York.
On March the 4th the committee
hired Sra. Leonor Léon to serve as
Assistant Director. She began
translating the vitas of the refugees.
By early May we were able to begin
to dispatch more than 800 packets
containing the background and
experieace of the individuals con-
cerned. They were sent to Deans,
Departments and Colleges. The
response has been disappointing.
Given the tight financial restrictions
imposed on the universities and
colleges at this time the response is
understandable, but at the same time
has more often than not been rather
routine. Only a very few respondents
attempted to find a solution to this
humanitarian problem. It is impor-
tant to realize that the majority of
Chilean professional would benefit
from postgraduate training. Few
experienced refugees have a doc-
torate because this has not been
expected in their country. The finan-
cial demands on departments
therefore would not be that great.
One need only imagine what it is like
to be a janitor or dishwasher with a
vita that contains distinguished
recognition of one's academic
achievements to realize the position
that most Chilean professionals are
in. Their current condition is on the
whole quite demeaning and most are
eager to obtain modest (circa $4.500)
assistantships or scholarships in
order to apply their knowledge in a
familiar atmosphere. Some have
eagerly accepted such offers.
The committee has a list of some
34 placements as of 24 July. Only 8 of
these have salaries of over $8,000.
The majority have received offers in
the range of $2,500.— $4,500. for this
academic year. Some of the men will
be supplying their family needs from
these sums.
f
It is worth noting that our
colleagues at York, Toronto and
Carleton have been most successful
in finding places,. The UBC Faculty
Association is the only Association,
as far as I know, that has attempted
to come to grips with the problem. It
voted $800. towards support of a
Chilean refugee at UBC. That sum
unfortunately falls some $1,600.
short of what is an anticipated need
for an individual to maintain himself
at his studies during the first difficult
year of adjustment.
The hiring for 1974/75 is over, but
it should be brought to the attention
of interested colleagues that the
Chileans will be hoping for a better
future in 1975/76. All the
professionals have at least English or
French. Those who were not fluent in
those languages on arrival last
February have had 4-6 months inten-
sive training in either English or
French since then. The Departments
of Manpower and Immigration has
paid for six hours training per day for
that length of time, and by next
February the Chileans will be much
more versed in the Canadian way.
Canadian academics, themselves at
last coming to grips with the idea of
what it might be like to be dismissed,
have the Chileans as an example of
the difficulties that might have to be
faced. The major difference is, of
course, that Canadians are at least on
familiar territory. The Chileans are
not.
We would urge that department
heads, our colleagues on appoint-
ment and graduate studies com-
mittees give serious consideration to
the Chilean applications. Not all the
Chileans are exceptional in their
background and experience, but
there are men and women who are
talented. They should be given the
chance to prove themselves, while at
the same time providing a differing
background experience and adding to
the cosmopolitan concept that is the
true university.
Professor Ogelsby is the Director of
the Canadian University Committee
for Refugee Chilean Professors and
Students.
Page 4 — CAUT Bulletin ACPU September/ Septembre 1974
/
On academic freedom as it is guaranteed by tenure
Battleground "Tenure"
Walter Adams
In the current atmosphere of retrenchment, it is
perhaps not surprising that the ancient controversy
over the institution of tenure has suddenly been
revived. Citing financial stringency as their
justification, some administrators have found it
convenient to condemn tenure as a built-in and
systematic commitment to increasing costs. Tenure,
they say, deprives them of the flexibility needed to
make drastic economic adjustments — i.e., the
flexibility to replace high-cost with low-cost labor.
In a period of stable or declining enrollments, they
claim, tenure inivetably leads to excessive percen-
tages of faculty on permanent status, i.e., "tenuring
in." This, in turn, results in institutional
arteriosclerosis; a university burdened with an
aging, senescent, and perhaps anachronistic faculty
finds itself incapable of bringing in a constant flow
of new blood — those bright, vigorous, well-trained
young men and women who are an institution's
only guarantee of self-renewal and self-
regeneration.
Students sometimes join in this condemnation
of tenure. Tenure, they say, provides the conditions
under which bad teaching and mediocre
scholarship may be perpetuated. Tenure gives the
mediocre the contractual right to continue to be
mediocre. It is particularly objectionable when
financial distress prevents a university from appoint-
ing able young professors to dilute that mediocrity.
Some younger, nontenured faculty members
also express concern about tenure which they
regard as a guild practice to restrain entry, stifle the
competition of newcomers, and preserve
deadwood. In a period of shrinking opportunities,
they see themselves condemned to running a
squirrel cage in which there is no room at the top
and in which the squirrels are replaced every time
they get high enough up on the wheel to make the
tenure jump. Or, they view themselves as a perma-
nent class of academic nomads, destined to eternal
wandering while their more fortunate and perhaps
less qualified elders preempt the increasingly scarce
academic posts under a sort of privileged "grand-
father" clause.
Finally, there are those who maintain that
tenure is incompatible with affirmative action goals
to provide increasing opportunities to women and
minorities in higher education. If the academy is to
be saddled with tenure and/or tenure quotas, a
shrinking market for academic talent is bound to
affect the traditional victims of personal as well as
institutional discrimination with disproportionate
severity. Only if tenure is abolished, they say, can
The above is an excerpt from the Presidential address given
at the Sixtieth Annual Meeting of the American Association
of University Professors on April 26, 1974 (AA VP Bulletin,
Vol. 60, No. 2). The author is the past president
of the AA VP.
these newcomers achieve the access to our universi-
ty system of which they have been deprived in the
past.
While there is some grain of truth in the forego-
ing arguments, none of them — singly or in com-
bination— justifies an abolition of the tenure
system. I say this, not only because of my profound
conviction that tenure is the indispensable hand-
maiden of academic freedom, but also because I
believe that there -are other, less disingenuous
mechanisms available to achieve the ostensible
objectives of the tenure critics.
Tenure and academic freedom — as you well
know — are designed to serve the public good rather
than to assure the professoriat of economic
security. As Clark Byse and Louis Joughin have so
cogently put it:
Academic freedom and tenure do not exist
because of a peculiar solicitude for the human beings
who staff our academic institutions. They exjst, in-
stead, in order that society may have the benefit of
honest judgment and independent criticism which
otherwise might be withheld because of fear of offend-
ing a dominant social group or a transient social at-
titude.
Academic tenure is designed to protect the
academic freedom of professors for many of the
same reasons that judicial tenure is instituted to
protect the freedom and independence of judges.
Specifically, tenure and academic freedom are
intended to serve three social functions. First is
the need to protect colleges and universities from
external pressures. Recurrent periods of anti-
intellectualism have always echoed the prosecutor's
conclusion against Lavoisier: "La Republique n'a
pas besoin de savants." That is why the statement
in 1895, by the Wisconsin Board of Regents, in the
celebrated case of Professor Richard T. Ely, who
incidentally was one of the founders of the
American Economic Association, will always stand
as a landmark in defence of freedom of thought and
freedom of expression:
...we could not fdr a moment: think of recommend-
ing the dismissal or even the criticism of a teacher
even if some of his opinions should, in some
quarters, be regarded as visionary ... we cannot for a
moment believe that knowledge has reached its final
goal, or that the present condition of society is
perfect. We must, therefore, welcome from our
teachers such discussion as shall suggest the means
and prepare the way by which knowledge may be
extended, present evils... removed and others
prevented.
Whatever may be the limitations which trammel
inquiry elsewhere, we believe that great state Univer-
sity of Wisconsin should ever encourage that mutual
and fearless sifting and winnowing by which alone
the truth can be found.
In the absence of tenure, how many professors, I
wonder, could count on their administrations or
trustees to defend academic freedom with such
ringing conviction and civilized maturity?
A second function of tenure is to defend
academic freedom from its enemies within the
academy. AAUP files are replete with cases of dis-
crimination and harassment directed against
professors because of their life styles, their political
views, their scientific teachings, or their mere non-
conformity to the methodological fads of their dis-
ciplines. And, sad to confess, administrators are not
the only offenders on this score. In my own
profession, there are economists — some of them
leaders in the profession — who believe only in God
and Milton Friedman and who define any deviation
from neoclassical orthodoxy as a heresy to be
stamped out rather than as a divergence of view-
point to be tolerated. There are others of similar
prestige and influence who hold that Keynesianism
and Keynesianism alone is the quintessence of
economic truth. These true believers are not unlike
the Padua professor who, in 1610, condemned
Galileo for his discovery of the Jupiter satellites by
means of his newly invented telescope. "We know."
said the Padua savant,
that there are seven planets and only seven,
because there are seven openings in the human
head to let in the light and air: two eyes, two
ears, two nostrils, and a mouth. And the seven
metals and various other examples also show-
that there have to be seven. Besides, the stars
are invisible to the naked eye: therefore they do
not influence human events; therefore they are
useless; therefore they do not exist. (Quod erat
demonstrandum)
The incident may be a source of wry amusement
today, but its modern counterparts — replayed at
colleges and universities around the country — are
not.
There is yet a third social justification for the
academic freedom guaranteed by tenure. It is the
freedom to follow untried trails and to explore the
frontiers of knowledge without fear of dismissal
before the task can be finished. As President
Kingman Brewster of Yale University put it:
If teaching is to be more than the retailing of
the known, and if research is to seek real
breakthroughs in the explanation of man and
the cosmos, then teachers must be scholars and
scholarship must be more than the refinement
of the inherited stock of knowledge. If
scholarship is to question assumptions and to
take the risk of testing new hypotheses then it
cannot be held to a timetable which demands
proof of pay-out to satisfy some review com-
mittee Boldness would suffer if the research
Tenure .. .Cont'd on p. 7
CAUT Bulletin ACPI September Septembre 1974 — page 5
\
De meilleurs plans de régimes de retraite
pour professeurs
Georges Frappier
Il y a bientôt vingt ans que l'ACPU se préoc-
cupe de la question des avantages sociaux et son
Comité des pensions estime qu'il y a vraiment lieu
de créer un jour le bureau mixte AUCC — ACPU
dont on parle depuis longtemps pour coordonner
l'étude de ce genre de questions. Voici ce que
propose le Comité.
« Les universités canadiennes emploient mainte-
nant quelque trente mille professeurs et du per-
sonnel non enseignant en nombre au moins égal;
pourtant, il n'existe aucun moyen permanent de
recueillir systématiquement des renseignements sur
leurs régimes d'avantages sociaux. Il semble que
l'ACPU ait été la seule jusqu'à présent à s'occuper
de la question (pour les professeurs) et encore
n'était-ce, rappelons-le, que pour l'étude de cas par-
ticuliers vers la fin des années 60. Il n'existe aucun
centre capable de fournir des renseignements sur les
régimes des autres universités, leur coût, leurs
méthodes de sélection des carrières, les résultats
qu'elles ont obtenus avec différents régimes et
différents assureurs, etc. On trouve la même carence
au plan des réglementations et législations fiscales
pertinentes, des lois provinciales sur les pensions,
etc. Les universités n'ont aucun moyen de s'in-
former mutuellement de l'expérience acquise par
leurs facultés lors de la négociation de régimes
d'avantages sociaux.
Les universités et leurs employés investissent des
sommes énormes dans divers régimes de retraite,
sans même tenir compte des primes versées aux
divers régimes' obligatoires de l'État. Les
professeurs d'universités canadiennes gagnent déjà
en moyenne plus de $15,000 par an et si l'on évalue
à quelque 10% le montant des contributions à des
régimes non gouvernementaux d'avantages
sociaux, versées tant par l'institution que par le
professeur, on obtient un montant de contributions
dont le total approche les $50,000,000; et ce chiffre
ne comprend pas les versements effectués par les
employés non enseignants ainsi que pour leur comp-
te. Il nous paraît donc justifié d'assumer les frais
modestes d'un bureau mixte qui pourrait aider les
institutions et leurs employés à obtenir le meilleur
rendement pour leur argent.
À notre avis les « avantages sociaux » compren-
nent la retraite, l'assurance invalidité, l'assurance
vie, l'assurance médicale et hospitalière; l'assurance
soins dentaires et médicaments, et tous autres avan-
tages comme par exemple l'enseignement gratuit ou
à tarif réduit pour les enfants des professeurs ou
autres employés de l'université. (À nos yeux le con-
gé sabbatique est une question purement univer-
sitaire sortant du cadre des « avantages sociaux »,
mais le bureau que nous proposons pourrait néan-
moins être tout indiqué pour regrouper des
renseignements à ce sujet.) Grâce à ce bureau mixte,
il serait possible d'obtenir d'une seule source des
conseils professionnels sur toutes les questions
d'avantages sociaux. En outre, un tel bureau
veillerait à ce que les renseignements recueillis et
distribués soient reconnus comme valables par les
administrations, les professeurs et les autres
employés et à ce que tous les intéressés reçoivent les
renseignements sous la même forme et en même
temps. Il jouerait donc à cet égard un rôle identique
à celui de Statistique Canada à l'égard des salaires.
Le Bureau de direction de l'ACPU a adopté
cette proposition à condition qu'un tel Service
consultatif mixte ACPU-AUCC soit financé par
des fonds d'origine externe. Le Comité exécutif est
actuellement en pourparlers avec l'AUCC.
L'ACPU n'en poursuit pas moins ses travaux
sur cette question. Cette année, elle commencera
par exhorter les associations locales à examiner la
validité de leur régime de retraite. À cette fin,
chaque association locale serait priée de désigner un
de ses membres pour correspondre avec le Comité
des pensions de l'ACPU. Ce correspondant sera le
responsable des questions de pensions au niveau
local. Plusieurs universités ont apparemment un
Comité mixte des pensions composé de professeurs
et d'administrateurs. L'ACPU veut s'assurer que
toutes les associations locales s'intéressent ac-
tivement, d'une façon ou d'une autre, à la question
des pensions dans leur université. Pour faciliter ce
travail de « vigie », l'ACPU fera parvenir à chaque
correspondant des renseignements sur les divers
aspects de la retraite: assignation, transfert, rende-
ment des fonds, indexation, suffisance de la pension
des nouveaux retraités.
Il est très possible qu'au cours de sa carrière un par-
ticulier se trouve soudain en présence de problèmes
d'assignation ou de transfert sans toutefois prêter
attention à d'autres aspects, tels l'indexation et le
rendement des fonds. Signalons par exemple qu'une
étude récente semble faire ressortir que les fonds de
retraite des universités ont un rendement inférieur
aux autres fonds de retraite placés en fidéicommis;
c'est ainsi que « pour la période de quatre ans de
1969 à 1972 le rendement moyen de l'ensemble des
fonds s'est situé à 8.26% alors qu'il n'a été que de
6.31% pour les universités.» Pour l'exercice 1972-
1973, il semble que le rendement des caisses dis-
tinctes de retraite de vingt universités canadiennes
ait varié de 1.5% à moins 6.9%. Ceci n'est qu'un
exemple du genre de fâcheuses surprises que l'on
peut avoir dans le domaine des pensions. On peut
en découvrir bien d'autres en lisant l'ouvrage de
Ralph Nader et Kate Blackwell : « You and Your
Pension» (ED.: Consumer Reports.).
La retraite est un sujet qui intéresse assez peu
ceux qui n'y sont pas encore. Peut-être est-ce donc
aux retraités eux-mêmes qu'il conviendrait de faire
appel. L'ACPU organise un Comité de professeurs
retraités et cherchera le financer par le programme
du Gouvernement fédéral Nouveaux Horizons. Ce
Comité commencera par dresser un répertoire de
tous les professeurs retraités comportant leur nom,
adresse et spécialisations universitaires. Il leur
adressera par la suite un questionnaire qui leur
permettra de nous communiquer leurs problèmes
et facilitera l'action de l'ACPU.
Better pension arrangements for faculty
members
Studies in fringe benefits have been of concern
to CAUT for the past twenty years, and even
though the long-talked joint AUCC-CAUT fringe
benefits agency is still non existent. CAUT's com-
mittee on Pensions feels it can justify its establish-
ment in the future, as we can see from its proposal.
"Although Canadian universities now employ
about 30,000 faculty and at least an equal number
of non-faculty there is no continuing and systematic
collection of information about their fringe benefit
plans. The only work in the past (in so far as faculty
are concerned) appears to have been done, as
already indicated, on an ad-hoc basis by CAUT
during the late 60s. There is no single source to
which one can turn to get information about other
university's plans, their costs, their methods of
selecting carriers, their experience with different
plans and different insurers, etc. Nor is there a
single source of information about relevant tax law
and regulations, provincial pension benefit acts etc.
There is no arrangement by which one institution
shares with its fellow universities the benefits of
their own and their faculties' experiences in
negotiating fringe benefit plans.
The amount of money being put into various
pension plans by universities andtheir employees is
enormous even when one excludes contributions to
the various government plans which are com-
pulsory. Average faculty salaries in Canadian uni-
versities already exceed $15,000 and if. we assume
that fringe benefit contributions for non-
government plans — by both the institution and the
faculty member — are roughly 10% then we have
total contributions of close to $50 million. And this
makes no provision for contributions by and on
behalf of non-faculty employees. A modest expen-
diture on a joint agency to help ensure that the in-
stitutions and their employees get the best value for
their money would seem to be warranted. We in-
clude in "fringe benefits" pensions, disability in-
surance, life insurance, medical and hospital in-
surance, dental and drug plans, and such matters as
free or reduced tuition for faculty children or other
university employees. (We regard sabbatical leave
as an academic matter and not a "fringe benefit"
but nevertheless the proposed agency may be an ap-
propriate vehicle to use to collect information on
sabbatical leave.) The joint agency is not only ap-
propriate because a single source of professional
competence seems desirable to provide advice on
such matters as fringe benefits but it should also en-
sure that the information collected and distributed
will be accepted by administrations, faculties and
other employees as valid and that all parties will get
the material in the same form and at the same time.
In this respect it should serve much the same func-
tion as Statistics Canada does in respect to
salaries."
The CAUT Board has adopted the proposal
provided the establishment of a joint CAUT-
AUCC consultative service is funded by outside
money. At this moment, the Executive is in the
process of discussions with AUCC.
Meanwhile, CAUT will continue its work in the
area. This year, priority , will be given to en-
couraging local associations to review the adequacy
of their pension arrangements. In order to do so,
each local association will be asked to nominate a
corresponding member to CAUT's Committee on
Pensions. This corresponding member will be the
one responsible for pensions at the local level. It
appears that, in many universities, there exists a
joint committee on pensions, with faculty members
and administrators sitting on it. CAUT wants to be
sure that all local associations, in some way or
other, participate in the pension deliberations at
their university. To do his "watch-dog" job, the
corresponding member will be kept informed on
various aspects of pension — vesting, portability,
performance of funds, indexing, and the adequacy
of pensions for those newly retired:
At one point in his career, an individual may be
faced with the striking problem of vesting or por-
tability, but other aspects such as indexing and the
performance of funds may remain unnoticed. Just
for the sake of awareness, it should be mentioned
that, according to a recent study, it would appear
that university pension funds do not perform as
well as other trusteed pension funds "for the four-
year period 1969-72 when the average rate of return
was 8.26 per cent for all funds versus 6.31 per cent
for universities." For 1972-73, it appears that, for
twenty Canadian university segregated pension
funds, the internal rates of return ranged from 1.5
per cent to minus 6.9 per cent. This is just one of the
many unpleasant little stories that may happen in
the pension area. For more of these "horrors", one
can read You and Your pension Ralph Nader and
Kate Blackwell (Consumer Reports ed.).
It is difficult to get non-retired persons in-
terested in the area of retirement. One way of doing
this may be to give a voice to those who live this
fact — the retired. CAUT is creating a committee of
retired faculty members and it will be seeking funds
from the New Horizon Program of the Federal
Government. Its prime task will be to establish a
register of all retired professors, their names,
addresses and areas of academic specialty. Then,
through a questionnaire, these retired people could
tell us their problems, to which CAUT should
usefully address itself.
Page 6 — CAUT Bulletin ACPU September/ Septembre 1974
Tenure. . .from page 5
and scholarship of a mature faculty were to be
subject to periodic score-keeping, on pain of
dismissal if they did not score well. Then what
should be a venture in creative discovery would
for almost everyone degenerate into a safesided
devotion to riskless footnote gathering.
Authentication would replace discovery as the
goal. The results might not startle the world,
but they would be impressive in quantitative
terms and invulnerable to devastating attack.
In short, it is society which benefits in the final
analysis from the scholar's freedom to devote a
lifetime, if necessary, to basic research and the pur-
suit of truth.
If, then, tenure is to be an inviolable principle,
what about the practice of some institutions, faced
with what they claim is financial stringency, to
decree a hiring freeze on all tenure-stream ap-
pointments and to impose tenure quotas? As I see
it, such short-run expedients are to be avoided until
other, less deleterious measures have been tried.
These include:
1. a freeze on the proliferation of nonteaching
administrators;
2. a freeze on salary increases for personnel
(mostly administrators) in the $25,000-plus
bracket;
3. a reduction in the mandatory retirement age
(which at some institutions is still seventy) to
sixty-five or even sixty-two;
4. an option for faculty members to accept
half-time or one-third-time appointments
(i.e., partial retirement) with a proportionate
reduction in pay;
5. incentives to encourage voluntary retirement
after thirty years of service or after age sixty.
Further, before embracing any hiring freezes or
tenure quotas, let us make certain that the in-
stitution's financial difficulties are genuine. Before
closing the gate to some bright young scholar, or
barring the promotion of a deserving nontenured
professor, we should have a look at the institution's
books. We should know the facts before submitting
to the knife. And, if surgery is indeed imperative, let
us make sure that the decisions of where to cut and
by how much are made after full consultation with
the faculty, rather than by unilateral administrative
fiat. Let us be certain that the administration which
pleads poverty to justify cutbacks does not at the
same time continue to expend scarce funds on ar-
tificial turf in the football stadium, or construct
palaces for its top administrators, or pursue ac-
customed plans for bureaucratic empire building.
Two more caveats with respect to the tenure
battle. I trust you will not be trapped by such
slogans as financial stringency into surrendering
basic rights and fundamental principles. Remember
that an administration which pleads distress
may — through lack of foresight, imagination, and
creativity — have brought on the emergency in the
first place. Remember that financial distress may
simply reflect its past failures of planning and its
general incompetence. Ask yourselves whether such
an administration should be entrusted with discre-
tion to exercise additional flexibility or to tamper
with the tenure system toward the end of insuring
the institution's well-being.
Finally, I trust you will not be trapped by
pressures of retrenchment into fratricidal^
strife — young against old, male against female,
minorities against whites, nontenured against
tenured. Remember that the deadly game of divide-
and-rule is a venerable establishment device to
maintain and retain power. It is a game devoid of
both private and social advantage.
Quebec approves merger
Loyola +
Sir George =
Concordia
The Quebec government has finally approved
the merger of Sir George Williams University and
Loyola College. The new institution, Concordia
University will have about 25,000 full and part-time
students, equalling roughly in size to McGill
University.
Officials at both universities waited for the
verdict for a year, while legal arguments over the
move were discussed in Quebec.
More on Concordia in the next issue of the
CAUT Bulletin...
Canadian Association of University Teachers
Association canadienne des professeurs d'université
EXECUTIVE/ COMITÉ EXÉCUTIF
Richard Spencer (U.B.C.): Président/Président
David Braybrooke (Dalhousie): Vice-President/ Vice-Président
Evelyn Moore (Calgary): Past President/ Présidente sortante
Calvin C. Potter (Sir George Williams): Treasurer/Trésorier
Michiel Horn (York): Member-at-large/ Autre membre
Jean-Paul Audet (Montréal): Member-at-large/ Autre membre
Robert Chambers (Trent): Member-at-large/ Autre membre
CENTRAL OFFICE/SECRÉTARIAT
Donald C. Savage: Executive Secretary/Secrétaire général
Victor W. Sim: Associate Executive Secretary/Secrétaire adjoint général
Georges Frappier: Assistant Executive Secretary/ Assistant secrétaire généra!
Marie-Claire Pommez: Professional Officer/ Dirigeante professionnelle •
Israel Cinman : Professional Officer/ Dirigeant professionnel
CALT/ACPL BULLETIN
Copyright The Canadian Association of University Teachers.
Editor/ Rédacteur: Israel Cinman
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G
A
V
Aftermath to the Banfield episode
Caput suspends Schabas, Leah
Two University of Toronto
graduate students, charged with dis-
rupting a visiting lecture were
recently suspended after Caput, the
university disciplinary body es-
tablished according to the laws of
Ontario, found both guilty of the
charges arising cut of the March 13
incident when Professor Edward
Banfield was prevented from
delivering his address at a meeting
organized by the American Studies
Committee.
Anthony Leah, an MA student in
Sociology was found guilty on three
counts and suspended for three years.
William Schabas, a Ph. D. student in
history was found guilty on four
charges and was suspended for four
years.
According to the Caput statement,
Schabas was suspended for four years
because "the threats and in-
timidation... found to have been
employed by you (Schabas) was more
aggravated misconduct" than that of
Leah.
A statement released by the Presi-
dent of the University, Dr. John
Evans, said the basis for Caput's
judgment was of far reaching
significance to the university com-
munity, "since it deals with the
critical issue of freedom of speech as
a fundamental right in Canada."
According tc the provisions of the
University of Toronto Act, the state-
ment said, the sanctions are im-
plemented without the requirement
for further review or appeal.
However, there is the right for the
defendants tc appeal to the Gover-
ning Council oh the nature of the
penalty.
Leah and Schabas had argued that
the Students for a Democratic Socie-
ty had the right to prevent speakers
they judged racist from speaking at
the university.
Following the announcement of
the verdict, Leah called a press con-
ference where be charged Caput with
"ignoring most of the issues in the
case" and passing a "sentence which
I think a lot of people will find very
harsh." He went on to say that he
considered Caput had acted out of
vindictiveness and had acted beyond
its powers. He said that he will appeal
the decision.
The parents of William Schabas.
both members of the University of
Toronto faculty, said in a statement
that they found the sentences im-
posed by Caput "extraordinarily
harsh." "Two academic careers have
been effectively destroyed."
CAUT Bulletin ACPU September Septembre 1974 — page 7
OTTERS
Prior review procedures in research
Sir:
Periodically the question arises as
to whether there should be formal
procedures for the review of research
involving human subjects prior to the
conduct of the research. The
presumption is that if a faculty
member or student about to engage
in a research project is subject to such
prior review, then research will be
conducted with greater respon-
sibility.
I personally object to prior review
procedures on the grounds that, on
balance, the danger to academic
freedom which such procedures can
introduce is greater than the danger
to the rights of subjects in a Universi-
ty setting.
In addition to the intrinsic value,
and the value to society, of academic
freedom, there is a question of the
effect of such prior review procedures
on the accountability of the Univer-
sity. Can these prior review
procedures themselves contribute to
an increase in the accountability and
legal liability of the University?
Certainly, in those cases in which
the University, as a formal agent, has
contracted to do a piece of research,
receiving monies, and using those
monies in the support of the research,
it has, as a corporate body, assumed
certain responsibilities; and it is in
order that there be some prior formal
procedures to guarantee that the
research is conducted properly in ac-
cordance with specified guidelines,
etc.
However, it seems to me that, in
other cases, the very adoption of such
prior review procedures itself adds to
the University's accountabililty
needlessly. There is an ordinary
expectation that faculty members and
students do research in ways that
seem right to them; and there is
usually no expectation that the
University is accountable for the ac-
tivity of all people who are associated
with it. If, however, a University
adopts prior review procedures it
could be interpreted as an assertion
on the part of the University that it
holds itself accountable and is
prepared to assume responsibility for
every research activity engaged in by
its members. This is a burden that no
modern University can reasonably
accept.
The question of the degree to
IHTRES
which a University might be adding
also to its legal liability by prior
review of research is beyond my com-
petence. Yet, it would appear that a
University should explore the con-
sequences for its legal liability before
it permits any prior review
procedures.
David Bakan
York University
In Canada...
Professor Warwick is wrong when
he states "The Theology of
Citizenship", Bulletin, June 1974)
that David Easton is one of a group
of eminent Canadians "now working
in the United States". David Easton
works in Canada — at Queen's
University.
J. W. Grove
Head, Department of Political
Studies
Queen's University
Letters of Obscene Men XVI
A Letter of Dismissal
Prof. Hardouin de Graetz to Dr. Crotus Hrubeânus
This letter
is to give you official notice
of termination of contract as of one year from today,
as required by the college code
and the national association.
The personnel committee having met
etcetera etcetera,
voted this decision without dissent.
The general feeling is that
your strong points
(and we recognize that you have some very strong points)
are, however, just those we wish to avoid,
and
your weak points, frankly, are those
we could wish you stronger in.
Certainly the amount and scope of your publications
give adequate promise of development in future,
although
many of your colleagues feel it rather inappropriate
to present creative work for consideration by a
department concerned primarily with the
teaching of literature.
Your interests are wide but, it is felt, wanton.
The quality of your mind is not in dispute;
however,
all this has so far worked merely to create
friction within the department,
even aside from
the problems arising from the problems arising from teaching.
The need to accommodate senior staff
has unfortunately prevented us
from taking full advantage of your specialized teaching,
and your talents do not run- in the north-south direction
of elementary exposition,
as you yourself have so often enjoined us.
You have once or twice been warned in writing of
student complaints concerning what I have chosen to call
your excessive seriousness about
what we call "English,"
And yet while the proportion of those among our enrollment
majoring in English
drops every year,
the proportion of F's on your final grade sheets
continue,
as I have verified propriu oculo,
the same.
You must consider that in this modern world of today
it is for the modern leopard himself
to change his spots,
or be lost.
These teaching problems were of course the decisive factor.
Although some mention was made,
I believe, of
personal conflicts with certain of your colleagues,
your relationship with the director of freshman English
-s ex-wife did not come up,
nor did any such considerations enter into the final decision.
Let me heartily assure you, therefore, that the committee
has been guided solely by its desire to contribute to
our university's continuing and
uncompromising
pursuit of the third-rate.
Regrettably,
H. de G.
G. N. Gabbard
University of Nevada, Reno
reprinted with permission, AAUP Bulletin, Vol. 60, No. I, Spring 1974.
Page 8 — CAUT Bulletin ACPU September/Septembre 1974
ETV, Copyright and Collective Bargaining
Provincial governments are slowly inching their way into
the vacuum left by the CBC's withdrawal from direct
involvement in Educational Television. Professor John H.
House, Chairman, of the CAUT Copyright Committee,
looks at the recent CAUT role in the area.
After twenty years of discussion,
experimentation and sporadic
activities, we are now witnessing a
concerted effort to fulfill the promise
held for the use of non-print
materials in education, both through
increased direct intervention of
provincial governments in the
development of ETV corporations,
and in the creation of active media
production centres within
universities. As we have seen, these
seemingly disparate thrusts are not
unrelated, with agreements being
made between universities and
provincial corporations for the
production and use of materials.
This development raises serious
questions for faculties about
standards of teaching and
scholarship, and for the individual
teacher about his own professional
role and economic well-being. The
best practical means of safeguarding
both academic interests and the
interests of the individual teacher is
through the use of copyright law and
contractual agreements based on the
principles of copyright. To this end,
the CAUT has been active on three
fronts.
The first is through intervention
with the federal government,
principally the Ministry of
Corporate and Consumer Affairs,
making direct representation in
relation to the development of the
proposed new Copyright Act. In this
connection CAUT has formed a
national consortium with the
Association of Canadian Television
and Radio Artists (ACTRA) which
UNIVERSITIES UNDER C.A.U.T.
CENSURE
The following university administrations have been censured
by the Council of the Canadian Association of University
teachers :
Mount Allison University (November 1970)
Simon Fraser University (May 1971)
(Under the third stage of censure imposed on these two
universities, the C.A.U.T. warns its members not to accept
employment with the censured university. Page 69, C.A.U.T.
Handbook.) Also censured are:
Université du Québec à Montréal (November 1970)
University of Victoria (May 1971)
University of Ottawa (May 1972)
UNIVERSITÉS FRAPPÉES DE CENSURE
PAR L'ACPU
Le Conseil de l'Association canadienne des professeurs
d'université à frappé de censure les administrations des univer-
sités suivantes:
Université Mount Allison (novembre 1970)*
Université Simon Fraser (mal 1971)*
* (A la troisième étape de la censure prononcée contre ces
universités, l'ACPU avertit ses membres de ne pas accepter
d'emplois auprès d'elles. Voir la page
l'ACPU.)
71 du Guide de
Sont également frappées de censure les universités suivantes :
Université du Québec à Montréal (novembre 1970)
Université de Victoria (mai 1971)
Université d'Ottawa (mai 1972)
is a trade union representing writers
and performers. This has turned out
to be a most useful alliance.
The second is through the
development of Guidelines
Concerning Copyright Policies of
Universities, which were approved
by the Council in June and appear in
the Handbook.
These guidelines seek to protect
both the legitimate interests of the
university and the rights of faculty
members involved in the production
of film or tape materials. The rights
of faculty members are twofold: the
right to retain control over recorded
materials as to its form and intended
use, and the right to a reasonable
economic return. A sample
contractual form which translates
the guidelines into working
documents has also been developed
and has been distributed to all
faculty associations.
We are very pleased to report that
the University of Alberta has
recently adopted a copyright policy
which exemplifies the CAUT
Guidelines, and that several other
universities are considering similar
policies. We are not pleased to
report, however, that many
universities either do not have any
policies on copyright, or have
policies which are directly
antithetical to the CAUT Guidelines.
The rapid development of the
creation and use of recorded
materials creates an immediate need
for such policies to be adopted.
As pointed out during the CAUT
Council meeting, this past year has
seen a significant advance in what
will undoubtedly become the most
important way to bring pressures on
universities to adopt reasonable
policies to prevent and settle
disputes, the process of collective
bargaining. All associations engaged
in collective bargaining are urged
then, to make this contract on
copyright a part of their collective
bargaining agreement.
The third front is in relation to the
development of provincial
government ETV corporation in the
Western and Central provinces, and
joint ministerial discussions along
these lines in the Maritimes, which
has necessitated the creation of new
forms of organizational structures.
The original thrust was in Ontario
with the establishment of the Ontario
Educational Communications
Authority. OCUFA pioneered in the
development of new structures by
forming the Association of Artists
and Educators, a consortium of
OCUFA, ACTRA, and the Ontario
Teachers' Federation; three
organizations whose interests,
though not identical, were
nevertheless parallel. This
consortium after two years of
difficult negotiation, signed
agreements for writers and
performers with OECA covering all
of their members.
Saskatchewan and Alberta have
recently established ETV
corporations, and a similar action is
being considered in British
Columbia. In Saskatchewan, a
consortium of CAUT, the two
faculty associations, ACTRA and
the Saskatchewan Teachers'
Federation has been formed to
negotiate agreements through
collective bargaining with the
corporation. In Alberta, a
consortium ifr being formed to begin
negotiations with the corporation
this fall, composed of the CAUT,
CAFA, ACTRA, and the
Association of Alberta College
Faculties. It is hoped the Alberta
Teachers' Association will soon be a
member of this consortium.
Preliminary discussions have been
held in both British Columbia and
the Maritimes with the view of
forming consortia if those
governments are to form
corporations.
Through these means, the CAUT
is attempting to meet the serious
questions raised by the increased use
of recorded materials in education.
With provincial ETV corporations,
both academic interests and the
interests of teachers can be
safeguarded through contractual
agreements based on the principles
of copyright secured through
collective bargaining.
With individual universities, both
sets of interests can be safeguarded
by the adoption and use of copyright
policies based on the CAUT
Guidelines. Those associations
engaged in collective bargaining have
a means of securing such policies by
making them a part of collective
bargaining agreements.
Number of settlements increased;
12.6 per cent more in wage accords
Wage settlements reached by
collective bargaining in the second
quarter of 1974 included average pay
increases of 12.6 per cent, the federal
Labor Department reported recently.
It said the figures are based on
analysis of collective agreements
covering 500 or more industries
outside the construction business.
Ninety-six collective agreements
were reached between April and
June 30, the department said.
CAUT Bulletin ACPU September/ Septembre 1974 — page 9
SPECIAL REPORT
Faculty
Collective
Bargaining
in
Canadian
Universities
by Donald C. Savage
Three faculty associations affiliated with the
CAUT are now certified bargaining agents under
their provincial labour legislation. These are the
University of Manitoba, St. Mary's University,
and Notre Dame of Nelson. The faculty
association at the University of British Columbia
has voted to certify and will be approaching the
British Columbia Labour Relations Board shortly.
At St. Thomas University in Fredericton the
association requested voluntary recognition. When
their request was not answered by the president,
they were authorized to proceed to certification
which will likely take place this month. At all
these universities the faculty favouring certification
considered that they lacked real power. The
manifestation of this differed from place to place.
The smaller universities
At Nelson, St. Mary's and St. Thomas there
were traditions of presidential authoritarianism
originally based on clerical paternalism. The
secularization of St. Mary's and of Nelson made
little difference. This favourite liberal nostrum
usually results in a lay president who is more
Catholic than the Pope, less learned and less
humane that the priests, and alas, more credible
than the clerical authorities. In all three cases
faculty considered that the university was run
capriciously by the president without any real
constitutional structures. At Nelson the president
and the board, for instance, announced the
abolition of tenure. This was their style on most
matters. At St. Thomas there were repeated
individual grievances appealed to CAUT, since
there was no effective internal structure to deal
with them. At St. Mary's the present president
made a public speech attacking faculty members in
general even before he took office. Since then there
has been an endless series of individual and
collective grievances appealed to the CAUT. On all
three^ campuses it was clear that traditional
university structures for settling problems either
could not be established or could not be made to
work. In the particular case of St. Mary's, CAUT
formally proposed a structure of negotiation and
grievance resolution outside the Trade Union Act.
This was turned down without much negotiation by
the president and by the board. It is not surprising
that the main thrust of collective bargaining,
although not the exclusive one, at such institutions
has been to establish constitutional rule and fair
procedures.
All too frequently, the university regulations
give no real rights to the untenured but rather a
veneer of credibility to administrative acts. An
untenured professor who is unjustly denied tenure
may well find that he can only get redress by
making a public fuss, thus driving the university to
dicker with the CAUT and ultimately agree to an
ad hoc settlement — often by arbitration. This is an
absurd and degrading way to handle contracts of
professionals. As a consequence, faculty are certain
to insist on a grievance procedure that allows for a
fair hearing and a final resolution by arbitration of
disputes relating to renewal, the granting of tenure
and dismissal. Collective bargaining directed
towards these ends is merely a continuation of the
long standing CAUT demand that faculty contracts
be judged on their academic merits and by
constitutional and fair procedures — not by caprice
or prejudice nor by endless dickering between the
faculty association, the CAUT and the president of
the university.
-Many critics of collective bargaining consider
that it will merely exacerbate conditions on such
campuses. This has not been the case at St. Mary's.
For the first time the elected leaders of the faculty
along with the Executive Secretary of CAUT sat
down on a continuous basis with the president and
other members of the administration and
negotiated on a vast range of topics. Agreement
was reached on many important items that had
been unresolved for years. It is true that the union
eventually decided to go to conciliation to try to
settle the outstanding matters but nevertheless the
experience to date has been therapeutic for all
concerned. There can be no doubt, however, that a
failure to reach agreement in the conciliation
process will restore St. Mary's to customary ill
temper. The experience of St. Mary's and Nelson
also suggests that administrators and board
members have much to learn about negotiating
with bargaining agents and about the rights and
practices of Canadian unions. The habits of a
lifetime die hard.
Manitoba and U.B.C.
Many faculty in larger institutions consider
events in places such as St. Mary's or St. Thomas
as an aberration that is outside their ken. However,
the situation at Manitoba and U.B.C. was different
only in style, not in substance. At Manitoba the
faculty perceived a rapid growth of academic
bureaucracy with the arrival of a new president. It
seemed to them that the new bureaucrats wished to
run a managerial system not unlike that of General
Motors. Manitoba had more of a constitutional
structure than the smaller universities already
mentioned. In fact as late as 1970 some members of
the faculty association considered that the
association might just as well be wound up since
the faculty had secured representation on the
senate and the board of governors. However, it
turned out that such representation was only
marginally useful since the senate was too large to
be effective and was dominated by a bloc of ex-
officio members somewhat on the model of British
colonial legislatures. Such bodies were unlikely to
take positions differing from that of the
administration. These shortcomings were
recognized by the Oliver Commission but they still
exist. The consequence of faculty frustration in
regard to this structure was the decision to proceed
to certification. Such administrative initiatives as
the unsuccessful attempt to secure tenure quotas
merely confirmed the view of the majority.
At U.B.C. no one considered the president to
be either an autocrat or a manager in the pejorative
sense of that word. It would indeed be hard to
picture the president of U.B.C. as an ogre.
However, for many years the university has been
governed, not by a dictator, but by an academic
gentry composed of the president, the deans, a few
other officials and board members, and some
senior professors. It was a paternalism as pure as
that of any Catholic institution but more lightly
applied. For many years it was accepted by the
majority as a reasonable way to order things on the
campus. It was humane by its own lights but
gradually grew out of touch. There were no
Collective Bargaining :
the state
of the nation
Page 10 — CAUT Bulletin ACPU September/Septembrc 1974
effective procedures governing the handling of
contracts, and there still are not. Anyone who
protested their non-renewal or denial of tenure
could find themselves in a remarkable Catch 22
situation. In one case the professor demanded
reasons. The reason given was the majority of
those entitled to vote concerning his contract had
voted against him. There was no appeal
mechanism, but under pressure, an ad hoc one was
created. This body came to the same conclusion
and offered the same reason. When finally the
university disgorged more information (after the
faculty member had departed), the majority
referred to turned out to be a minority.
More and more faculty members at U.B.C. and
elsewhere are fighting non-renewals or denials of
tenure. Five years aga a professor could wish
perdition on his colleagues and go somewhere else.
Now, because of the job market, he cannot do that.
So he stays and fights. Furthermore the lack of
procedures have become apparent not only in
regard to renewals and tenure but also with the
distribution of merit pay. Many people wonder
whether merit is defined as excellence or deference.
But U.B.C. indicates that the issue is not solely
one of the handling of academic contracts. The
faculty at U.B.C. revolted against the refusal of the
administration or the board to conduct serious
negotiations on salaries and fringe benefits. For
many years the faculty association had submitted a
salary brief in the form of a petition to the board
which may or may not have had some impact on
that body. This last year the association engaged in
a very elaborate analysis of salary and made some
recommendations to alter the salary structure as
well as traditional wage demands. No negotiations
took place with the board. In practical terms the
association might just as well have not bothered to
write a brief since *he board merely announced its
own policy which bore no relation to that of the
faculty association. Two matters were at issue. One
at some institutions the main thrust of
collective bargaining has been to
establish constitutional rule and fair
procedures
was the sum of money. But the other, and more
important one, was that faculty were fed up with
paternalism in regard to salary matters. Faculty
members were also aware that comparable groups
in society such as the civil servants and the
secondary school teachers were faring better in the
face of inflation than university professors and that
most of them were unionized in one way or
another.
Some general trends and problems
Generally speaking the critics consider that
certification is demanded by a few firebrands and
radicals on the campus. Nothing could be further
from the truth. In some cases the membership
forced the policy on the leadership of the faculty
association. This was clearly the case at U.B.C.
where the faculty association executive originally
wished only to study collective bargaining as an
option but a heavily-attended association meeting
voted to proceed forthwith. The perils of
underestimating the desires of the membership can
be seen at St. Mary's where CUPE attempted to
raid the CAUT affiliate by campaigning on a
platform suggesting that they favoured
unionization unequivocally while CAUT was
hesitant. The resultant battle was bitter and costly
although CAUT ultimately won. Despite this and
despite the transformation of CUPE's only
beachhead, the Collège de Bathurst, into a
community college, it would be rash to assume that
CUPE has done anything other than lie low.
Some trends in the defining of units can be seen.
As in Quebec, labour boards across the country are
defining bargaining units which include chairmen.
Generally speaking deans and higher officials are
excluded. A good deal of discussion on collective
bargaining has focused on this point, but it now
seems to be a non-issue. More significant is the
question of professionals on university staffs. Some
have argued that there is no community of interest
between professional schools and the rest of the
country. CAUT has always rejected this argument
whether or not collective bargaining was involved.
As noted below, the recent precedents in Quebec
all favour a single bargaining unit of faculty on the
grounds that they are defined by the fact that they
are all university teachers and employed as such,
not to give medical, legal or other professional
advice to the university. This issue did not arise at
St. Mary's or at Nelson. But it did in a rather acute
form at Manitoba where the Labour Relations
Board ducked the issue of community of interest
and interpreted a clause in the Manitoba
legislation to mean that those faculty who were
governed in relation to their profession by a
Manitoba or federal statute would have the right to
decide separately whether or not they wished to
join the bargaining unit. That vote will- be held in
the latter part of September.
The issue of the representation of librarians is
also significant. At Manitoba and Nelson the
professional librarians are part of the unit. At St.
Mary's the Labour Relations Board, at the request
of the university, excluded the librarians from the
unit. The librarians remained members of the
association and of the CAUT who then
successfully petitioned to become their bargaining
agent.
Finally the issue has arisen in Ontario of two-
tier bargaining. OCUFA is interested in
negotiating with the provincial government on
financial matters. Certain faculty associations in
Con't next page
CAUT Bulletin ACPU September/Septembre 1974 — page 11
Le Syndicalisme dans les Universités :
Francophones vs. Anglophones
par Marie-Claire Pommez
Dans un récent exposé miméographié le
professeur André C. Côté1 a examiné les facteurs
mentionnés par B. Adell et D. Carter dans leur
rapport2 et montré comment ces facteurs se sont
traduits au Québec: la diminution de l'emploi,
l'inquiétude quant à la sécurité de l'emploi, la
croissante intervention de l'état, la
bureaucratisation de l'administration universitaire,
le rôle des étudiants dans la gestion universitaire,
le développement du syndicalisme dans des
STATE OF THE NATION . . . from p. 1 1
Ontario are thinking about certification at the local
level. These are not, of course, incompatible and
may well become a pattern in other provinces
sometime in the future.
Developments in Quebec
Quebec pioneered collective bargaining in the
university. The first of real impact to do so was the
Université du Québec à Montréal. Some of the
reasons were peculiar, to UQAM and to Quebec.
Others would be repeated across the country.
UQAM was founded as a new and innovative
university in September, 1969. In some ways its
founders had hopes similar to those who created
Simon Fraser. The atmosphere was expected to be
open. Structures were not traditional. It was
possible to conceive of collective bargaining
without offending any eternal verities on the
campus. But UQAM turned out not to be the New
Jerusalem, and the faculty had to contend with a
strong and authoritarian administration. This in
t,urn fueled the fires of collective bargaining.
Furthermore the faculty was young and
nationalist, and the combination of trade unionism
and nationalism was then much in vogue.
It was not easy to form a union at UQAM.
There were some false starts before a syndicate was
finally established. It in turn found great difficulties
in negotiating its first çollective agreement. The
labour code required that the two parties negotiate
in good faith but that they complete their
negotiations within a specified time. The union
considered that the administration was deliberately
stalling in order to allow the time to run out. It
took a brief strike in 1970 to persuade the
administration to negotiate and to conclude an
agreement. The union at UQAM has now
negotiated its second contract and this too took a
strike threat before final settlement. Collective
agreements were also signed at the other campuses
of the University of Quebec at Trois Rivières,
Chicoutimi and Rimouski but by unions
independent of the UQAM campus.
because of the job market, more and
more faculty members are fighting non-
renewals or denials of tenure
During the last academic year all the other
francophone campuses in Quebec have decided to
follow suit. Sherbrooke was the first. Initially
Sherbrooke attempted to organize separate unions
for each faculty, partly because the engineering
faculty had secured bargaining rights without
opposition some years ago. However, the courts
held that this arrangement was not possible under
the new labour legislation. Sherbrooke then
abandoned this strategy which had evoked interest
in other parts of the province as well. This year the
Syndicat des Professeurs de l'Université de
Sherbrooke (SPUS) was certified as the bargaining
agent of the faculty and is currently negotiating
its first collective, agreement. The faculty at Laval
and Montreal have both presented demands for
certification to the Commission of Enquiry,
established by the Labour Board. This trend has
not, however, been followed at the English-
speaking universities in Quebec although there has
been some interest on the Loyola campus.
Certain trends have appeared in these Quebec
secteurs connexes, l'absence et la nécessité d'une
procédure de griefs acceptables et d'un organisme
pouvant efficacement représenter les professeurs.
Au Québec, comme le signale le professeur
André Côté, les réformes apportées au Code du
travail ont certainement joué en faveur de la
création de syndicats accrédités, en fermant ou en
cessant de favoriser d'autres avenues jusque-là
possibles.
decisions. Except for historical anomalies it is clear
that the employers and the Labour Board favour a
single bargaining unit for professors at a'particular
university. Demands for separate representation by
faculty or faculties have been lost at Trois Rivières,
Laval and Sherbrooke. There is also a trend in the
definition of the unit to include chairmen. At
UQAM the Labour Board held that vice-deans
were also members of the unit.
Another problem has been affiliation. The
faculty at UQAM decided to affiliate with one of
the major federations of labour in the province —
the Confédération des Syndicats Nationaux
(CSN). However, most of the rest of the
universities opted for the Fédération des
associations de professeurs d'université du Québec
(FAPUQ) which has been allied with CAUT and
with whom negotiations are currently proceeding
with the hope of establishing more formal links.
Both the CSN and the teachers' union (the CEQ)
are trying hard to raid FAPUQ, but this winter
FAPUQ defeated both the CEQ and the CSN quite
handily in an election at Sherbrooke. However, it is
clear the FAPUQ must deliver the goods in the
area. of collective bargaining if it is to maintain its
hold on the major universities.
When FAPUQ was first formed, it was the
hope of the founders that it might negotiate on a
province-wide basis for all faculty members. It
proved impossible to persuade all the local
associations to accept such a policy, and FAPUQ
has, therefore, concentrated on securing
certification at the local level. However, it is clear
that more and more the Quebec government is
trying to centralize all decisions relating to the
universities. This is likely to impel the local faculty
unions to consider two-tier negotiations, one for
the "masse salariale" with the provincial
government and the other to divide the revenues
and to settle local problems with each individual
university administration. Some, particularly at
McGill, fear that this will inevitably result in even
more centralization in Quebec City. There remain
other difficulties so long as all the campuses of the
Université du Québec remain outside the FAPUQ,
and the issue is by no means resolved.
In conclusion
Collective bargaining is now an established fact
in both English and French Canada. It will almost
certainly grow but not as fast as the zealots desire
or the critics fear. The establishment of new
structures is a difficult process and will take time. It
will require adaption to the university milieu. It
will not be desired by every faculty association.
The constitution of CAUT, however, allows for
flexibility; local associations are free to certify
or not as they desire. But there can be no doubt
that collective bargaining is the most significant
development on Canadian campuses in recent
years and will have an impact far beyond the
campuses which actually become legal bargaining
agents.
Professor Savage is the Executive Secretary of
the CA UT.
Ces facteurs, ou l'identification de certains
problèmes en face desquels le syndicalisme a été
avancé comme une réponse ou comme une fin
inéluctable, ont servi souvent comme arguments
« pour » la syndicalisation. Au Québec d'autres
facteurs peuvent avoir spécifiquement joué et
certains, parmi ceux mentionnés, ont eu un rôle
positif que l'on n'a peut-être pas tellement souligné
il me semble jusqu'ici.
Changements dans la composition
du corps professoral
- La création de nouvelles structures, l'ouverture
ou la multiplication des programmes, la création de
nouvelles universités ont certainement eu pour effet
d'entraîner une baisse de l'âge moyen du pro-
fesseur. Mais il y aurait lieu peut-être d'étudier le
profil de ces professeurs: certains engagés d'abord
dans des cégeps ou des collèges ont ensuite opté
pour un poste à l'Université. Le mouvement
syndical déjà bien implanté au niveau pré-
universitaire n'était pas pour eux une nouveauté. Si
on considère la situation ailleurs au Canada, ce
profil de carrière est sans doute moins répandu. La
carrière classique du professeur d'Université se
préparait traditionnellement pendant bien des
années et depuis pratiquement le collège ou tout au
moins durant les années d'inscription à
l'Université. Si on considère la situation de ces
les problèmes posés par le code du
travail ou la négociation au Québec ne
sont pas essentiellement différents. Le
contexte socio-politique offre de plus
grandes différences.
transfuges et on les compare aux universitaires
classiques, ne pas être syndiqué était la nouveauté
ou l'un des éléments ne figurant plus dans la
définition de sa situation de professeur. Pour
l'universitaire classique, telle situation allait de soi,
le syndicalisme représentant laTiouveauté étrangère à
son ambiance de travail et étrangère à sa
conception du professeur. Il y a donc un facteur
d'exposition au syndicalisme soit en tant
qu'étudiant soit en tant que professeur qui
n'existait pas pour les générations plus âgées.
Dans le Canada anglophonè ce phénomène
semble moins marqué qu'au Québec. Le Canada
anglophone n'a pas connu les changements
institutionnels et les changements de programmes
et d'orientation qu'a connu» le Québec durant ces
dernières années: quand il les a connus, ces
phénomènes étaient moins marqués et je pense
qu'on ne peut guère les comparer. Le mouvement
et la présence de ces « transfuges » qui entraînent
avec eux une expérience du syndicalisme semblent
moins répandus.
Relations d'identité entre le prof, d'université et le
professeur du Secondaire
Au Canada anglophone les relations des
professeurs d'Université avec ceux du pré-
universitaire sont faibles sinon « inexistantes,
épisodiques. » Il y a un net clivage entre
l'Université et les autres enseignants. Les uns et les
autres tendent à se voir comme des gens de
catégorie différente, ayant des intérêts et des buts
en général différents et, même quand ils
mentionnent la possibilité d'intérêts communs,
ceux-ci ne sont peut-être pas perçus de façon aussi
immédiate et urgente qu'au Québec. La relation
entre les deux groupes au Canada anglophone est
une relation fonctionnelle. Au Québec elle revêt
une dimension politique; elle est aussi plus
traditionnellement inscrite dans les structures
d'enseignements. Le clergé ayant contrôlé
l'enseignement pré-universitaire aussi bien
Suite à la page suivante
Page 12 — CAUT Bulletin ACPU September/ Septembre 1974
»
SYNDICALISME ... de la page 12
qu'universitaire a été pendant longtemps l'unique
employeur: point commun et point de ralliement et
de polarisation des forces dans l'examen et la mise
en question touchant les conditipns de
l'enseignant.
La situation même du professeur d'université
au Québec est une situation d'identité partagée
avec les autres enseignants ou d'autres groupes;
c'est aussi la situation d'une même identité
recherchée et voulue. Ne serait-ce qu'au niveau des
problèmes linguistiques, enseigner en français au
Québec, que ce soit à la petite école ou à
l'Université, c'est enseigner dans la langue d'un
groupe culturellement et économiquement dominé.
Les luttes menées au niveau pré-universitaire, les
efforts des enseignants au niveau et à travers leurs
organisations ne sont pas étrangers aux
préoccupations des universitaires francophones.
Ceux-ci ont peut-être été plus sensibles et mieux
préparés à adopter des formes d'organisation que
leurs collègues avaient déjà expérimentées, alors
qu'il semble qu'au Canada anglophone la situation
et l'expérience des enseignants pré-universitaires ne
revêtent qu'un intérêt relatif et seulement pour un
très petit nombre. L'universitaire anglophone tend
au contraire à souligner et privilégier tous les
aspects qui le différencient du groupe secondaire, et
à accepter plus ou moins une expérience qui lui
semble être te fait d'un groupe différent.
Au Canada anglais on peut supposer que le
clivage et la polarisation créés par les actions et
l'apparition d'un employeur commun — l'état —
apportera ce que le Québec a connu durant ces
dernières années: la reconnaissance d'intérêts
communs, le partage d'une identité commune pas
seulement définis dans les termes étroits d'un
statut, d'une fonction particulière et favorisera
l'acceptation de formules ou d'actions partagées
par d'autres groupes.
Solidarité avec d'autres groupes
C'est peut-être dans l'examen du contexte
politique et de la situation du professeur
• d'université francophone qu'il faut rechercher les
éléments permettant de comprendre les débats et
les raisons de l'affiliation et de la syndicalisation au
Québec.
C'est surtout à ce niveau je pense qu'on peut
trouver des facteurs déterminants quant à la
création du SPUQ (UQAM), du McGill Faculty
Union, du SPUM (première formule) et de la
plupart des autres groupes à l'origine au moins,
sinon à ce jour aussi. Si du fait du contexte social et
politique les professeurs d'Université du Québec
sont plus prêts que leurs homologues anglophones
à s'identifier et se rapprocher des enseignants à
d'autres niveaux, ce même contexte tend aussi à
favoriser leur rapprochement avec d'autres
groupes. A cela il faut ajouter le rôle traditionnel
de l'intelligentsia universitaire québécoise dans les
organismes syndicaux et le syndicalisme au Québec
et bien sûr la structure d'accueil et d'action que
représentent certains syndicats au Québec. Pour les
Québécois, la C.S.N. est vue comme une centrale
québécoise en dépit du fait que la CSN soit un
syndicat canadien qui compte des membres hors du
Québec et en Ontario notamment. C'est aussi la
centrale qui s'est le plus avancée et a toujours
constitué un symbole et une force réelle pour la
lutte des Québécois de langue française, non
seulement à l'intérieur de négociations ou de visées
syndicales traditionnelles, mais sur la scène
politique. L'établissement de syndicats dans les
universités n'a pas répondu uniquement à des
pressions sur l'Université, ou sur la situation de
l'universitaire, mais a répondu aussi à une
intention et une préoccupation sociale et politique,
à des visées englobant une population. La nécessité
et la volonté de rejoindre d'autres groupes et
d'entreprendre par là une action politique est un
trait spécifique du syndicalisme universitaire
québécois que l'on ne retrouve pas ailleurs à la base
de ce mouvement. Au Canada anglais on trouve la
tendance à se définir comme salarié ou travailleur
au même titre que n'importe quel autre
« travailleur » mais le rapprochement semble plutôt
une agréable vue de l'esprit en autant que l'on ne
trouve pas trace d'un projet ou même d'une utopie
entraînant une action commune pour des buts
identiques et partagés. Au Canada anglais ceci
semble-t-il ne joue pas tellement non plus en tant
qu'argument en faveur de l'affiliation ou de la
syndicalisation: on ne s'affilie pas pour participer
au mouvement ouvrier, pour briser un isolement
ou pour accomplir un projet commun, on s'affilie si
les services semblent adéquats et les bénéfices
suffisants. Au Québec ce contexte spécifique et cet
attrait de certaines centrales posent des problèmes
particuliers au Syndicalisme professoral et
notamment aux professeurs d'université
anglophones au Québec. Si on considère la
position des centrales en général et leurs tendances,
les professeurs anglophones n'ont peut-être que
trois alternatives: s'ils acceptent cette visée du
syndicalisme et la suivent ils joignent certes le
mouvement général mais d'une certaine façon ils se
nient en tant qu'anglophones au Québec; s'ils se
séparent d'un mouvement général sans participer à
l'organisation syndicale universitaire au Québec,
non seulement ils accentuent leur isolement, leur
situation d'opposants (ce que la plupart
refuseraient d'accepter) mais aussi ils se privent
d'une organisation capable de répondre aux
problèmes locaux (relations avec l'employeur dans
chaque université) et aux problèmes provinciaux.
Dans une troisième hypothèse, ils se donnent leur
propre organisation et se constituent en groupe
spécifique, accentuant ainsi leur isolement. Pour le
moment la FAPUQ offre un moyen terme et une
situation de compromis. On peut se demander si
elle réussira à formuler une position acceptable et à
offrir un regroupement à l'intérieur d'un
mouvement syndical universitaire alors qu'au
Québec ce mouvement se trouve tellement lié à la
situation et aux aspirations culturelles et politiques
des Canadiens français.
D'autres facteurs
D'autres facteurs ont joué comme la
contestation étudiante mais peut-être de façon
différente. Les conséquences « négatives » ont été
avancées3: insécurité ches les professeurs,
sentiment de perte de pouvoir pour certains;
problèmes qui ont favorisé l'organisation de la
faculté. Je pense qu'au Québec au moins, les
aspects « positifs » ont aussi joué, à la différence du
Canada anglais. La -contestation étudiante a
certainement entraîné des changements
idéologiques et modifié la vision de soi du
professeur d'université. Jusque-là il pouvait se
définir comme appartenant à une élite au-dessus et
différent du reste des mortels. La contestation
étudiante a peut-être un peu secoué cette
condescendance: même ceux qui n'en pensaient
pas moins se trouvaient dans une situation assez
inconfortable pour se poser comme totalement
différents d'autres groupes d'employés et refuser la
syndicalisation sur ces bases. Paradoxalement
aussi, si on pense qu'au Québec elle a atteint ses
moments les plus virulents avec le refus de
participer (« participer c'est se faire fourrer »), la
contestation étudiante a conduit à la critique des
structures hiérarchiques centralisées,
bureaucratisées, et a légitimé la participation, la
prise du pouvoir par la faculté. Elle a aussi donné
au syndicalisme universitaire en milieu québécois
un de ses objectifs, et un visage plus X)ffensif qu'au
Canada anglais: a L'enjeu: le contrôle de nos
conditions de travail» (SPUQ — information, II, 5,
1er nov. 1973) (3).
Pour les professeurs d'universités québécoises
francophones il est en général clair et facilement
admis que ce contrôle ils ne l'ont pas, il est aux
mains d'une administration lourde, tracassière et
paternaliste et le syndicalisme est un moyen de
lutter mais aussi d'obtenir un pouvoir qui leur
échappe. Quand on passe au Canada anglophone
on s'aperçoit que selon la croyance la plus
généralisée, le professeur «est» l'Université, et
l'administration, des salariés plus ou moins
compétents: le syndicalisme est encore dans ces
conditions une perte de statut, un dernier recours
contre les abus, il est plus difficilement pensé et
reconnu et adopté comme le véhicule de visées plus
globales, plus politiques.
Perspectives
Ces quelques différences entre le mouvement
syndical des professeurs d'université au Québec et
celui qui s'amorce ou la situation qui existe dans les
universités anglophones relèvent sans doute d'un
niveau politique, idéologique. Si on considère les
professeurs en tant que groupe socio-économique
sans tenir compte de ces niveaux les situations sont
les mêmes, les problèmes posés par le syndicalisme
sont les mêmes: d'une université à l'autre les
conditions de travail sont fondées sur à peu près les
mêmes structures, les mêmes rapports; les
différences sont relativement minimes. Les
problèmes posés par le code du travail ou la
négociation au Québec ne sont pas essentiellement
sinon peut-être dans la forme différents. Par contre
le contexte socio-politique offre de plus grandes
différences. Au Québec le contexte social et
politique, les visées et la situation des Canadiens
français ont peut-être accéléré le mouvement de
syndicalisation. Au Canada anglais et aux États-
Unis ce qui a sans doute joué c'est le facteur de
professionnalisation e£ le cachet d'acceptabilité
donné au syndicalisme. Au Canada anglais un des
éléments les plus dynamiques a été l'étude des
professeurs Àdell et Carter qui a contribué
largement à faire accepter le syndicalisme des
universitaires comme « possible » et légitime. Au
Québec ce rôle a été joué surtout par la
concrétisation du fait et l'existence du SPUQ. Ce
qu'on peut se demander par contre c'est si le
syndicalisme ne va pas finalement combler
certaines des différences qui existent, il me semble,
à l'heure actuelle, et jusqu'à quer point.
Si on considère la création de liens de solidarité
avec d'autres groupes, et la prise de conscience de
certains intérêts communs: en soumettant les
professeurs d'université à une législation régissant
d'autres groupes il est clair qu'on crée entre les uns
Suite à la page suivante
CAUT Bulletin ACPU September/Septembre 1974 — page 13
Vademecum of a Campus
Unionizer
by M. Debicki
This article leaves aside the primary question of
whether any Faculty Association should seek the
recognition as a bargaining agent on behalf of the
faculty. It is not meant to assist in making this kind
of decision — it is rather designed for those Faculty
Associations which, for their own reasons, decide
to pursue that avenue of relationship between uni-
versity administration and the faculty. It is based
on the experience of one Fàculty Association in its
long struggle towards recognition as a collective
bargaining agent, thus many of the points are of a
parochial nature. However, I believe that at least
some of our experiences are of a universal character
and can be of some utility to other Faculty
Associations which either entertain the possibility
of pursuing recognition under their respective labor
relations acts, or have already made that decision.
Three essential areas will be discussed in this
Vademecum for a Labour Organizer on the Cam-
pus:— Legal questions, political considerations,
and practical advice.
Legal Questions
Any Faculty Association which entertains the
thought of seeking recognition as a bargaining
agent on the behalf of the professors, has to be very
aware and educate itself in the type of legal
problems which it will encounter. You cannot rely
solely on the services of lawyers, in that endeavor.
The labor legislation usually is not prohibitive for a
layman, and although legal services are essential,
academics can and should familiarize themselves
with pertinent legislation. This is necessary also
because the lawyers often will have difficulty in
translating labor legislation so that it becomes
applicable to the academic scene. 1 Secondly, the
Faculty Association should acquire a good working
Ed. Note : According lo the CAUT Committee on Collective Bargaining,
if an association is considering certification and intends to secure the ser-
vices of a lawyer, it should do so only after consultation with the CAUT.
In many cases questions relating to preliminary problems can be satisfac-
torily answered, free of charge, by the members of the Collective Bargain-
ing Committee or the CAUT officers in charge of collective bargaining.
The CAUT, through its Collective Bargaining Committee is also able to
provide faculty associations with general aid in the actual drafting of the
collective agreement.
knowledge (if it does not already have such
knowledge) of the provincial legislation dealing
with their respective universities, and also with all
the range of University by-laws which will become
a part of the legal "pingpong". Amongst some of
the most important legal questions with which the
Faculty Associations will have to be familiar are
the following:
1. It is very important that in the initial stage, the
Faculty Associations must acquire a very clear
understanding as to whether their particular
organization falls under the general clause of a
labor union, under the respective provincial
labor relations Acts. Sometimes it is much
easier to re-draft the constitution of the Faculty
Association prior to filing an application for
certification, rather than to discover during the
proceedings before the labor board, that the
constitution or organization of the faculty does
not meet with the requirements of the par-
ticular labor relations act. ,
2. In applying for certification, the Faculty
Association has to familiarize itself with
procedures under the labor relations act and
relèvent regulations governing an application
for certification by labor relations boards, since
it is quite likely that Faculty Associations will
have to produce a series of relatively old and
forgotten documents — such as minutes of the
first meetings, etc. All these steps and all the
necessary documents should be checked prior
to application as it is important that the
application is not judged defective on procedural
grounds.
3. It is very important to have a very clear un-
derstanding of who is the party of the case. You
will find out that in the process of your
application, one of the greatest difficulties you
will encounter will be individuals who, either
on the grounds of conscience or some other
reasons, object to the application. They, under
most labor relations acts, can be individuals.
labor legislation is usually not
prohibitive for a layman . . .
"parties to the case", and make the whole
procedure very complicated and tiresome. If
the Faculty Association from the beginning has
a clear understanding of the possibilities as to
limiting the number of "parties to the case", or
if it can in some other way group the opposi-
tion into a single entity, this might prove to be
advantageous.
4. Acquisition of a working knowledge of the uni-
versity administration and the general by-
laws. In this regard, the Faculty Association
will have to be of significant assistance (and a
constant source of input) to the legal personnel
during the proceedings. This point deals with
the organizational structure of the university.
One of the main points of this exercise is to
acquire a clear understanding of the vertical
and horizontal organization of the University.
That is, the Faculty Association has to be clear
as to the legal powers and the role of the
senate, academic administrators (in many
applications this will become a very important
issue) and horizontal sharing in decision-
making by all the members of the academic
community.
5. The determination of the boundaries of the
unit. Depending on how you describe the outer
borders of the unit, your application may
have — or avoid — certain difficulties* In many
of the applications, the source of opposition
will come from professional employees. The
University of Manitoba certainly encountered
this difficulty. We are perhaps the most
"unlucky" Faculty Association, in the sense
that our Labor Relations Act has perhaps the
worst definition of a "professional" in Canada.
SYNDICALISME... de la page 13
et les autres des intérêts communs au moins face
aux actions du législateur. La chance réelle
finalement des professeurs d'université c'est peut-
être de bénéficier de l'appui d'autres groupes
objectivement mieux équipés et plus forts dans la
défense de leurs intérêts. Si on considère les
professeurs du secondaire qui eux « bénéficient »
d'une législation particulière sanctionnant leur
« statut » particulier de « professionnels» ceux-ci se
trouvent totalement à la merci du législateur (voir
en Ontario). Ce facteur va sans doute rapprocher
les professeurs d'universités d'autres groupes, les
sortir de leur isolement et ceci tant au Canada
anglais qu'au Canada français. Par contre il semble
douteux qu'au Canada anglais le mouvement
syndical des professeurs d'universités dépasse
jamais le stade d'une alliance pour être le lieu de
convergence de visées politiques et idéologiques
communes comme cela a été plus ou moins le cas
au Québec et peut l'être dans le futur. Par rapport à
cette situation particulière, les professeurs
d'universités anglophones au Québec se trouvent
dans une situation ambiguë et difficile. Les visées
idéologiques du syndicalisme francophone peuvent
décourager dans une certaine mesure le groupe
anglophone même si la nécessité de s'organiser en
vue de négociations provinciales à plus ou moins
brève échéance semble rendre la syndicalisation au
niveau local inéluctable. Si francophones et
anglophones décident de s'unir à des organismes
La situation même du professeur
d'université au Québec est une situation
d'identité partagée avec les autres
enseignants ou d'autres groupes.
différents ou d'en former, la multiplication et la
compétition entre ces organismes risquent peut-être
de se faire aux dépens d'autres objectifs et des
universitaires syndiqués. La FAPUQ aujourd'hui
se trouve en compétition surtout avec la CEQ.
Celle-ci ne revêt pas et de loin sans doute le
caractère de la CSN mais elle a au moins un
argument en sa faveur que ne possède pas la CSN:
une centrale formée d'enseignants uniquement, par
des enseignants . Par contre la CEQ ayant pris des
positions relativement non ambiguës et
catégoriques sur les questions linguistiques offre
pour les anglophones un danger, mais des attraits
pour un certain nombre de professeurs qui voient là
le moyen d'allier plusieurs objectifs. Le futur réside
sans doute autant dans l'habileté des dirigeants et
dans leur capacité de formuler des propositions
génératrices de solidarité que dans l'attitude du
pouvoir face aux universités et ses actions dans le
domaine universitaire. On peut aussi penser que la
nécessité d'éviter une dispersion des forces peut
amener la centrale qui se voudra plus représentative
à faire des compromis plus ou moins acceptés par
les extrêmes et qui à long terme risquent d'atténuer
le caractère distinctif du mouvement québécois par
rapport aux autres provinces.
Dans les autres provinces on peut dire que ces-
visées globales n'existent pas, ou pratiquement, et
même la nécessité de faire face éventuellement à
des négociations provinciales n'entraîne pas pour
toutes les associations locales ou provinciales la
nécessité de former d'abord des syndicats locaux.
La possibilité de négocier sur les questions
monétaires avec le gouvernement à travers une
association provinciale et sous le couvert d'une
législation particulière, ou tout simplement en
formant un groupe de pression, est présentée
notamment en Ontario comme une alternative
possible. Ces alternatives ne résolvent pas les
problèmes réels à mon sens; la FAPUQ peut sans
doute servir d'exemple d'une association qui a
connu jusqu'à ces dernières années les tribulations
d'une organisation représentant des associations
dont le statut et les pouvoirs étaient plus ou moins
douteux et limités. Son pendant ontarien a connu
plus de succès, mais on peut se demander à quel
point l'alternative qu'il présente peut réellement
aboutir à long terme et permettre la solution de
problèmes au niveau de chaque université. A long
terme, les professeurs d'université risquent il me
semble de se retrouver dans une situation similaire
à celle des enseignants en constituant une minorité
par rapport à ceux-ci. Il n'en demeure pas moins
que ces alternatives, si elles étaient retenues,
risqueraient d'entraîner des différences dans les
visées et les méthodes du syndicalisme universitaire
beaucoup plus grandes d'une province à l'autre.
Marie-Claire Pommez . est dirigeante
professionnelle de l'ACPU chargée des
problèmes de syndicalisation.
André Coté (Laval): La Syndicalisation des Professeurs d' Université au
Québec, mim. 35 p. (1974).
B. I. Adell et D. D. Carter: Collective Bargaining for University Faculty in
Canada, (AUCC) Industrial Relations Centre. Queen's University,
Kingston (1972).
3 J. Brazeau (Montréal): Syndicalisation chez les professeurs: auelques
causes et certaines conséquences. University Affairs/ Affaires universitaires.
pp. 5-6. AUCC, Nov. 1973.
Page 14 — CAUT Bulletin ACPU September/ Septembre 1974
pursuing the route of collective bargaining will be
greatly assisted by the expertise of the people in
CAUT. This is the route through which one can
have access to the experience of other univer-
sities, and CAUT should be seen as a possible
future agglomeration or congress of faculty
unions.
Practical advice
There are many practical considerations which
have to be taken into account. Among them, the
most important ones seem to be: —
1. Secure the services of people with legal, union,
and political campaigning experience. These
three categories of people seem to have the es-
sential characteristics needed in the initial pro-
cess of unionization. Legal personnel is a ne-
cessity. However, it is also good, as well as hav-
ing a retained lawyer, to secure the services of
other lawyers, preferably from the local law
school (if there is one on campus) who can serve
as translators of the legal messages coming from
the barristers. They can also translate the
position, complexities and idiosyncracies of the
university into terms understood by downtown
barristers. People with political campaigning
experience are of high utility to the Faculty
Association. Many associations will face the
necessity of preparing for voting, in order to
determine the wishes of the faculty members. In
such situations, people with political campaign
experience are invaluable in organizing the
faculty members who are sympathetic to the
cause of the association. People with union
experience can help the Faculty Association to
avoid pit-falls, and can be useful in attempting
to stop the developing hysteria on campus by
VADEMECUM...
The definition which our Labor Relations Act
uses under Section 1 Para. T, is so broad that it
caused our association an enormous number of
problems. The statute does not require that a
professional is one who performs professional
functions in the course of his employment, but
rather relates to his formal status as a member
of a profession, (or his eligibility to be one)
regardless of what, de facto he is doing. Many
people on our campus, who clearly do not act
in their professional capacities as lawyers, den-
tists, doctors, interior designers, etc., were able
to claim, or at least pursue the claim, thay they
have a professional status and thus they should
be excluded from the unit. One of the most
complicated cases on many campuses would be
that of medical schools, where joint ap-
pointments with hospitals are not an exception.
6. The last legal issue is one of voluntary
recognition. Most labor relations acts, in
different forms, provide for voluntary
recognition. There are several advantages to
pursuing this avenue. It is less time-consuming,
it costs less, and, perhaps it reduces a climate of
political hostility. However, the most negative
factor in voluntary recognition is one that the
conditions of the voluntary recognition usually
can be, at least to some degree, set by the
respective parties. Therefore the type of
bargaining and the newly emerging functional
inter-dependence between the faculty and ad-
ministration can be — to a much larger
extent — determined by the employers.
To end this part with a general comment, one
has to expect in making an application for cer-
in many applications the source of
opposition is the professional
employees...
tification, that one will encounter many unusual
legal problems. The labor relations acts in Canada
were primarily designed to deal with industrial
models, where the demarcation lines are clearer
than in the university, and where the distinction
between labor and management is more clearly
drawn. The university, with its evolutionary
organizational development is ill-suited to labor
legislation. Re-interpretation of the labor legisla-
tion produces difficulties, even in those cases where
there is no opposition to the certification. Certainly
when the opposition to certification is vigorous, the
basic weakness of the design of this type of legisla-
tion will produce several difficulties.
Political considerations
The political considerations are perhaps even
more important than the legal requirements and
technicalities of proceeding with the application.
From the experience on our campus, one can high-
light some of the most important ones (with the un-
derstanding that these will have to be looked at
from the perspective of local conditions).
1. Conditions under which unionization is con-
sidered in the university usually occur in the
climate of hostility between administration and
the faculty. Thus a certain degree of polariza-
tion is unavoidable.
2. This usually is combined with a period of
decline or negative growth of the University,
which produces additional tensions and ad-
ditional pressures on both faculty and ad-
ministration.
3. Universities have what I call a "dual political
culture". On the one hand, we have the model
of a "platonic academy" of free scholars, who are
to a large extent, independent, not only in their
thought processes but in the way in which they
perform their jobs. On the other hand, the in-
creased enrolments in the universities during
the last decade produced the development of
corporate structures within the universities.
Thus you have interaction of these two
cultures — one individualistic, based on in-
dependence (working alone), and on the other
hand, you have the corporative organizational
model, which is intentionally copying business
corporations with their hierarchical
organizations, treating Universities to a large
extent, in a quantitative manner.
"4. Universities frequently live in a state of confu-
sion as to the functions of university struc-
tures— i.e Senates, Faculty Councils, and Ad-
ministrations. This confusion is even increased
by the fact that in many universities the cor-
porate managers emerge from the ranks of
academics. It is not infrequent that some of the
best academics are moving into the ad-
ministrative roles. Thus their employees do not
necessarily perceive them as corporate
managers, but frequently see them as their
colleagues and members of the academic com-
munity. The administrators, not infrequently,
perceive themselves as academics rather than as
administrators. Yet on functional grounds this
clearly cannot be defended.
5. Faculty Associations in their traditional roles
are not equipped to cope with the new functions
of initiating and carrying through unionization
and collective bargaining. Any Faculty Associa-
tion which entertains the thought of collec-
tivization, has to recognize that the time when
the Faculty Association could be run over a cup
of coffee in the faculty club — perhaps with a
glass of brandy — is gone with the application.
The Faculty Association in the process of
collectivization has to be professionalized. Run-
ning this new type of association becomes
almost a full time job. Also, it is essential that a
much larger number of people must become in-
volved in the workings of the Faculty
Association — during and after collective
bargaining. If you look ahead after you are
recognized as a bargaining agent, just the
preparation of the contract on which you want
to negotiate is enormously time-consuming.
Most universities have employment relations
offices, with people whose full-time job will be
(or is already) to design bargaining positions vis
a vis the faculty. For most of us, this is a volun-
tary service which is given over and above our
normal duties as teachers and scholars. One
cannot over-exaggerate the pressure on the peo-
ple who are actively involved in the Faculty
Association, in terms of time and a new type of
expertise which is needed. Some of you will
have to be familiarized with the labor
legislation, others with collective bargaining,
others with different types of contracts, and still
others will have to have a very clear understand-
ing of the by-laws and workings of the Univer-
sity. This perhaps is one of the greatest
difficulties and dangers in pursuing the avenue
of unionization.
6. It is also politically important to think of — and
establish — policies dealing with the
relationship between the Faculty Association
. and other unions on campus. The Faculty
Association has to develop a clear-cut policy
dealing with agglomerations of unions and join-
ing other unions outside the university. There
are enormous dangers which the Faculty
Association has to face, since it most likely will
be approached by the big international or
national unions, which do not necessarily have
similar goals to those of the academics. Faculty
Associations are facing the possibility of being
"swallowed up" by a union which does not
necessarily have a common interest with
academics.
conditions for unionization are created
through a climate of hostility between
the administration and the faculty
7. Relationships with students during the period
of discussing and entering into legal steps
leading towards certification, are of the utmost
importance. It is possible — even likely — that
the students will be apprehensive about the
unionization of their faculties. Students very
frequently will expect an increase in fees, as a
result of unionization. Some will think that the
quality of education will suffer as a result of
certification. At all costs, one has to avoid the
possibility of the students being used as a
"pingpong" between conflicting parties in the
case.
8. The final political consideration is that of the
relationship between CAUT and the Faculty
Association, in the process of application for
certification. Any Faculty Association which is
faculty might be approached by
international or national unions which
do not necessarily have similar goals to
those of academics
dealing with the syndromes of so-called "clock-
punching" — "nine-to-five" and other allegedly
"necessary evils" of unionization.
2. Secure the support of outstanding scholars.
You will likely be involved in labor relations
hearings, and the testimonies of outstanding
scholars will be of importance to the Faculty
Association. The services and support of
outstanding scholars are also important, since
many of the Faculty. Associations will be
charged with support of mediocrity or even
incompetency— the allegation being that some
academics are afraid of the open market and
want the union in order to protect their job
security. Thus, if many of the outstanding
scholars support unionization, this argument is
less likely to be used by the opposition.
3. Avoid alienation of those faculty members who
are not sympathetic or who have reservations
regarding unionization. It very often might
become the case that active members of the
Faculty Association become so emotionally in-
volved in the cause of unionization, that they
treat those who disagree as "enemies".
4. Be very careful in retaining legal counsel. It is
not only a good iabor lawyer who is needed by
the Faculty Association, ft is essential that the
lawyer be able to communicate with academics.
You need a lawyer who in some sense is a
scholar in his own right, or at least has
academic interests. Such a lawyer will find it
easier to converse with university professors
who do not easily abandon their role as teachers.
5. Lines of communication with the administra-
tion must be kept open. In the period of very
frequent hostilities on the campus, before and
during the process of certification, it is very easy
to reach a situation in which the administration
perceives the route of certification as an act of
hostility and lack of confidence. At this point
the Faculty Association might close the lines of
communication with the administration, or vice-
versa. This situation should be avoided. People
with experience in collective bargaining stress
that there are frequently "doubie
Continued on page 1 7
CAUT Bulletin ACPU September Septembre 1974 — page 15
Professors' Unions
in
the U.S.A. and
the U.K.
by Donald C. Savage
In the United States the American Association
of University Professors (AAUP) was founded in
1915 as a professional organization of academics.
The general thrust of the AAUP since its founding
has been to try to entrench the rights of faculty
through procedural models. This led to various
statements of principles of which the most famous
were undoubtedly the 1940 statement on academic
freedom and tenure and the 1966 statement on
shared authority in the university. It also led to the
development of censure to deal with situations
where the principles were not applied. It is clear
that the experience of the AAUP had a con-
siderable impact on the development of CAUT's
notions of academic freedom and tenure in the late
fifties and early sixties.
The AAUP found its strength in the four year
colleges and established institutions of the
United States. It did not play as strong a role with
junior and community colleges although some were
members. This proved to be somewhat of an
Achilles heel.
During the late sixties there was increasing dis-
satisfaction within the AAUP and without concer-
ning the traditional policies of the association. The
sixties saw university after university marked by
student disruption. Both boards and political
leaders reacted against the universities. This along
with restrictions in the job market for graduates
marked the end of the sputnik boom in American
higher education. Furthermore the ever lengthening
list of AAUP censures led many to question
whether American universities would indeed be
persuaded by the traditional methods to share
power, to guarantee academic freedom and to
maintain a reasonable standard of living for the
faculty. The crude application of managerial
techniques to the campus or to state-wide systems
increased this fear as has the decline in real income
of many American professors. Professors also saw
students make significant, gains in political power
while the mass of the faculty remained largely
unrepresented on senates and boards of governors.
This has been of particular concern to the lecturers
and assistant professors. Political attacks in state
legislatures on tenure and on the funding of
graduate studies have persuaded many senior
faculty that their position can only be adequately
defended through collective bargaining.
Towards the end of the sixties the multi-campus
City University of New York (CUNY) took the
plunge when the faculty supported a certified
bargaining agent which was not a member of the
AAUP. If ever there was a domino, this was it.
Both the American Federation of Teachers (AFT)
and the National Education Association moved
rapidly to attempt to unionize faculty members.
The AFT is an affiliate of the AFL/CIO and has
deliberately made a pitch to faculty on a radical
programme in alliance with organized labour; the
NEA is the largest organization of teachers in the
United States. Both the AFT and the NEA are
primarily organizations of secondary and primary
school teachers and both were particularly
successful in unionizing junior and community
colleges, thereby securing a significant beachead for
an attack on the AAUP.
The debate on certification split the AAUP. It
was the most profound crisis in the history of the
organization. However, at the 1972 annual meeting
the AAUP did not play a strong role in
junior and community colleges. This
proved to be somewhat of an Achilles
heel.
in New Orleans those in favour of certification led
by Walter Adams and Carl Stevens, carried the day.
There then followed a significant commitment by
the AAUP to collective bargaining so that today
about 25% of the budget is devoted to this
area — the same as to academic freedom and tenure
cases. The effect is evident. Recent supervised
elections indicate the success of the AAUP at least
in regard to four-year institutions. It seems likely
that it will become the predominate agent for such
universities. At the same time the most recent
annual meeting of the association saw no
recurrence of the dramas of 1972. The discussion on
collective bargaining was purely technical — how
to do it in the most efficient manner and how to pay
for it. The AAUP leadership is now convinced that
the principles of the organization can be enshrined
in collective bargaining agreements and that this is
an effective way to protect the rights of the
membership. A recent internal study by the NEA
has caused its leadership to recognize that the
AAUP and not the AFT is its major enemy in terms
of the unionization of the universities and to devote
considerable sums of money to try to regain the
initiative.
Many in the AAUP feared that with collective
bargaining the key principles of the organization
might be traded away at the bargaining table. The
association has taken a tough stand on such
matters. At the University of Hawaii the AAUP
denounced the contract signed by the American
Federation of Teachers which renounced tenure
and conceded the most extraordinary management
prerogatives. The AAUP denounced the contract in
terms usually reserved for reactionary college
presidents, and the faculty refused to ratify it by a
vote of 1301 to 279. It would appear that the
American Federation of Teachers is now on the
way out in Hawaii. In another case this year, that of
Camden College, the AAUP censured the universi-
ty even though the actions taken by the president
were consistent with the local collective agreement.
In 1973 in the United States there were collec-
tive agreements on 315 campuses with ap-
Continued on p. 20
Page 16 — CAUT Bulletin ACPU September/Septembre 1974
What is certification?
by Joseph Rose
Certification is a procedure by which a trade
union can become the exclusive bargaining agent
for a group of employees. In order to better
understand the implications of unionism and
collective bargaining, the following definitions of
labour relations terms are provided. They are
drawn from the Labour Code of British Columbia.
bargaining agent means:
(i) a trade-union that has been certified by
the board as an agent to bargain collec-
tively for an appropriate bargaining unit;
or
(ii) a person, or an employers' organization
accredited by the board, authorized by
an employer to bargain collectively on
his behalf;
collective bargaining means negotiating in
good faith with a view to the conclusion of a
collective agreement or the renewal or revi-
sion thereof, or to the regulation of relations
between an employer and employees;
employee means a person employed by an
employer, but does not include a person who,
in the opinion of the board,
(i) is employed for the primary purpose of
exercising management functions over
other employees; or
(ii) is employed in a confidential capacity in
matters relating to labour relations; or
(iii) is qualified in a profession, trade, or call-
ing and is licensed under the Architec-
tural Profession Act, Chartered Accoun-
tants Act, Chiropractic Act, Dentistry
Act, Engineering Profession Act, In-
surance Act, Naturopathic Physicians
Act, Optometry Act, Podiatry Act, Real
Estate Act, Securities Act, 1967, or
Veterinary Medical Act, or is an enroll-
ed student under any such Act, and is
engaged and working in the practice of
such profession, trade, or calling; or
(iv) is employed in domestic service,
agriculture, hunting, or trapping; or
(v) is a teacher as defined in the Public
Schools Act;
employer means a person who employs one,
or more than one, employee and includes an
employers' organization;
trade-union means a local or provincial
organization or association of employees, or
a local or provincial branch of a national or
international organization or association of
employees within the Province, that has, as
one of its purposes, the regulation in the
Province of relations between employers and
employees through collective bargaining, and
includes a council of trade-unions and an
association of trade-unions, but does not in-
clude any organization or association of
employees'that is dominated or influenced by
an employer;
unit means a group of employees, and the
expression "appropriate for collective bar-
gaining" or "appropriate bargaining unit",
where used with reference to a unit, means
a unit that is determined by the board to be
appropriate for collective bargaining whether
it is an employer unit, craft unit, technical
unit, plant unit, or any other unit, and
whether or not the employees therein are
employed by one or more employer.
Meaning of Certification
Where a group of employees are interested in
securing collective bargaining rights, they normally
solicit a trade union to represent them. The union,
in turn, will stage an organizing drive to gain the
support of a majority of the employees. Once this
has been done they apply to a labour relations
board to become certified. Certification, if granted,
gives a union exclusive bargaining rights, i.e., the
union becomes the sole representative for
employees in matters pertaining to the terms and
conditions of employment.
The first stage in the certification process has the
union filing an application with the labour relations
board. The board normally has several
requirements which must be met if a union is to be
certified. These include:
(1) The unit applied for must be appropriate for
collective bargaining. This entails the applica-
tion of certain criteria such as whether a com-
munity of interest exists among employees and
determining what the history of bargaining in
the industry has been. The major issue facing
faculty bargaining units will be who should be
included in and excluded from the unit. This
will entail decisions regarding such diverse
groups as professional faculties, department
heads and part-time lecturers.
(2) The union must have as members in good
standing, a majority of the employees in an
appropriate unit. Where a clear majority is
evident the board will certify the union.
However, where there is doubt about the
union's majority status, a certification election
is scheduled. A union need not have majority
support to file an application for certification
(for example, in British Columbia it need only
have the support of 35% of the employees in
the unit); however, the union will not be
certified unless it solicits the support of a
majority of those in the unit. A certification
vote is by secret ballot and is supervised by a
labour relations board.
(3) The applicant union must be a proper organiza-
tion for collective bargaining. This means that
it must meet the requirements of the definition
of a trade union specified above. Faculty
Associations wishing to become certified may
have to amend their constitutions to meet this
requirement. For example, the Faculty Associa-
tion of the University of British Columbia
recently amended their constitution to include
as one of their objects: "To act as the
bargaining agent of all Faculty members
employed by the University and on behalf of
such members to regulate relations between
members and the University through collective
bargaining."
In addition, the union must be free of employer
domination or interference. Normally a trade union
will not be certified if an employer has participated
in its formation or interfered in its financing or ad-
ministration. The intent of such provisions is to en-
sure that employees can exercise a free choice regard-
ing the selection of a bargaining agent. Again, this
may require faculty associations interested in seek-
ing certification to amend their constitution, e.g., to
exclude such groups as deans, vice-presidents, etc.
In British Columbia, the law also specifies that cer-
tification will not be granted to a union "that dis-
criminates against a person, contrary to the Human
Rights Act".
Regulating Election Conduct
The labour relations board is responsible for en-
suring that employees are able to exercise a free
choice on the question of union representation and
therefore it is responsible for handling unfair prac-
tice charges or complaints. When a union organizing
drive is in process, there are certain actions which
neither an employer or a union can practice.
Failure to adhere to these regulations is what is
known as an unfair labour practice. Employers can
not do the following: coerce, restrain or interfere
with employees in the exercise of their right to join
a union; discriminate against any employee in
regard to employment or any condition of employ-
ment because of union membership; alter the terms
or conditions of employment as a means of in-
ducing an employee not go join a union or continue
to be a union member, e.g., giving wage increases;
fire, suspend, transfer or lay off an employee for
union activities; and participate in the formation or
administration of a trade union. These restrictions
are also applicable to any person acting on behalf
of an employer.
Unions or persons acting on their behalf are
also prohibited from coercing, restraining or in-
terfering in an employee's right to join or refrain
from joining a union. In addition, most laws place
restrictions on union organizing at the employers'
place of employment during working hours and
prohibit efforts to restrict or limit production or
services.
Effect of Certification
Certification gives a union exclusive authority
to bargain collectively on behalf of employees in the
unit and bind its members to a collective
agreement. As the sole representative of employees,
only the union can enter into negotiation, over
wages, hours and other conditions of employment.
An employer is required to bargain in good faith
with the employees' representative. This entails
meeting and conferring-with the union and making
reasonable efforts to conclude a collective
agreement.
Once certified, a union remains the exclusive
bargaining agent until such time as the certification
is cancelled. A certification can be cancelled where
a trade union ceases to be a trade union, an
employer ceases to be an employer and where the
union no longer represents a majority of the
employees in the unit. Thus employees maintain the
right to decertify a union or to seek representation
by another union; this is usually restricted to cer-
tain time periods specified by law, e.g., the expira-
tion of a collective agreement.
Professor Rose is in the department of Business
Administration at the University of New
Brunswick, and is a member of the CA UT com-
mittee on Collective Bargaining.
VADEMECUM... from p. 15
negotiations" — one formal set of meetings, but
also informal communications between the two
parties, which are perhaps of more importance
than the formal ones. During the whole process
of certification, lines of communication should
be kept open.
These remarks are not meant to discourage
Faculty Associations from pursuing collective
bargaining or certification. The intent is only to
present some of the difficulties and to stress the
enormous amount of work which the Faculty
Association will face in this new endeavor. Whether
this new structural device — new at least in terms of
Canadian campuses — will prove to be satisfactory
is impossible to say, since only very few univer-
sities in Canada have this kind of mechanism — and
for a relatively short period of time at that. Per-
sonally, I believe that unionization opens a new era
of a more democratic university, or if you wish — a
return to the "Golden Age" of Universitas among
"Studii Generalis".
Professor Debicki teaches Political Science at
St. Paul's College, University of Manitoba and
spoke on collective bargaining at the annual
meeting of CA UT in Toronto.
CAUT Bulletin ACPU September/Septembre 1974 — page 17
The Affiliation Question :
the CAUT
or another central union ?
by Charles Bigelow
The CAUT has now existed for nearly a quarter
of a century, and while it is solidly identified in the
minds of Canadian academics as a protector of
their academic freedom, it does not have any very
clear identification as a union central. For this
reason some Canadian professors who have begun
to think about forming a certified collective
bargaining agent have also begun to ask whether
the new local union should affiliate with a national
or international union other than the CAUT. At
various campuses in Anglophone Canada in the
past few years, the suggestion has been made that
local unions might affiliate with the American
Federation of Teachers or with the Canadian Union
of Public Employees (CUPE). And in Quebec,
where there is the most union activity, there are
both independent locals, and locals affiliated with
Fédération des Associations de Professeurs du
Québec (FAPUQ), Centrale des Syndicats
Nationaux (CSN), and Corporation des
Enseignants du Québec (CEQ). At St. Mary's
University (Halifax) last spring, a sharp difference
of opinion among faculty members on the
affiliation question resulted in a well-publicized
battle between the CAUT and CUPE for support,
which was ultimately won by the CAUT.
It is obviously important to address the
question as frankly as possible, so that other
faculty members who may be contemplating
forming a union will understand what the CAUT
can do for an affiliated union, and why, in our
view, association with some other trade union
cannot be as effective as association with the
CAUT.
The creation of a union, certified under a
provincial Labour Relations Act, does not mean
that faculty members have suddenly embarked on
a completely different course for negotiating their
conditions of employment. Local faculty
associations have, of course, been attempting to act
as collective bargaining agents for years. In some
universities -at some times, they have met with
success, not necessarily winning every point, but
winning enough points to keep the members
satisfied. At other times and places, the results have
been indifferent if not downright unsatisfactory.
It is the generally unsuccessful quality of
informal collective bargaining that has led faculty
members and associations in the last couple of
years to seek to formalize and improve their
powers by certifying. Certification provides new
power — for example, a university with a
unionized faculty must negotiate with the union or
face penalties — but it does not change, in any
important particular, what is to be negotiated.
This is an important point, and one not always
grasped by those unfamiliar with unions. If your
local association becomes a certified union, it will
still be speaking for you on all the points you have
traditionally asked the association to speak on.
It will be discussing salaries, pensions, and
monetary fringe benefits, of course. But it will also
be expected to work into the collective agreement
solutions to the whole range of problems that
concern working academics: academic freedom
and tenure, promotion procedures, grievances and
arbitrations, sabbaticals, teaching loads, research
support and facilities, appointment procedures for
chairmen, deans and others, and university
governance, to name a few of the more obvious
ones. The local union will not only want to discuss
these matters — it will have to discuss them,
because in most provinces labour law is written in
such a way that residual rights may well be claimed
as management rights — meaning that where issues
are not dealt with in the collective agreement or the
university act, the university could make an
attempt to decide them unilaterally.
The importance of this can hardly be
overemphasized. While an association may
improve its bargaining leverage by certifying, it will
only prove this by negotiating its collective
agreements successfully. And that must obviously
be approached with careful planning, organization,
and a sensitive concern for academic values. We
who have been involved in the work of the CAUT's
collective bargaining committee know that only the
CAUT can provide the appropriate background,
research, and assistance to academic unions.
The CAUT is the only federal organization
representing working professors in the country. As
such it has a quarter century of experience with all
the important and sensitive academic concerns that
were listed above. No other union central has any
experience with any of them. Other unions have, of
course, plenty of experience with industrial shops
and commercial or government offices, but the idea
of forming a union of academics on those models
can hardly appeal to anyone with an informed
concern for academic values.
Furthermore CAUT is concerned only with
university matters. Other unions have other
members who have paid dues for a long time and
who demand services. This limits the amount of
time and the amount of money that a union
servicing many different types of members can,
in fact, devote to one small segment of its clientele.
Other unions may promise much during the
honeymoon but it is not at all clear that they can
deliver over the long haul. In addition other unions
may have obligations to their existing membership
which would make them hostile to professorial
claims. Last year, a CUPE official on the Board of
Governors at Manitoba, moved to freeze certain
professorial salaries. No doubt this appealed to the
majority of his members but I doubt that the
professors in question were overjoyed.
What are some of the arguments used by
proponents of affiliation with a different union
central? While I was at some distance from the
battle at St. Mary's, I did have occasion to hear
various arguments used by the anti-CAUT forces
there. They said that another union had more
"clout"; that the CAUT had never been a "real
union"; that the CAUT had never come to their
aid in negotiating before; and somewhat
contradictorily, that another central would give the
local more freedom. I may not be putting the case
for the other side as well as one of its own
advocates, but I did hear each of these arguments.
It seems easy to deal with them.
On "clout": Clout develops when the members
of a local association stand behind it, support it,
and make it work. "Clout" can be increased by
acquiring powers available under a Labour
Relations Act — that is, by certifying. What
affiliation to a central union provides is not
"clout", but expertise and research needed by the
local. Other union centrals are approximately as
expert on academe as the CAUT would be on the
working of an auto plant.
On a "real union": The CAUT has been
assisting faculty members and local associations to
negotiate working conditions of all sorts for 25
years. No one else has. What makes a "real
union", surely, is not a title like the Canadian
Union of University Professors, but the desire and
ability to assist our members constructively,
working from intimate knowledge of their
problems. The CAUT has clearly stated that the
formation of a local union is to be encouraged
whenever the local membership wants one, and
that the union will be a welcome member of the
CAUT. What else is needed to make the CAUT a
"real union"?
On CAUT assistance for negotiations: The St.
Mary's local had never before asked for such
assistance: the newiy-formed union has had the
benefit of assistance in organizing, and in planning
and negotiating its first agreement, as have other
member unions and associations when they have
asked for it.
On local freedom: The CAUT has never
intervened in local affairs without an invitation —
because that is the way our members have
constituted the organization. The dangers which
exist in the constitutions of most union centrals —
which include the possibility of trusteeships for
locals, and summary suspensions of individual
members are scarcely compatible with the quality
of freedom academics demand for themselves and
their associations.
The arguments will be around for a while yet,
no doubt. What is needed from the CAUT comes
in two parts: the first, which has been developed in
the last two years, is a thorough understanding of
the workings of labour law and its application to
university faculty. The second, which will develop
this year, is an enlarged staff that can provide
expert assistance on all aspects of unionization —
on organizing, on planning the first agreement, on
getting certified, on negotiating — to our member
locals who need it. When such services are readily
available, I expect that there will no longer be any
question about the value of maintaining the
traditional CAUT ties — even in a union context.
Professor Bigelow is the Chairman of the
CA UT Committee on Collective Bargaining.
Page 18 — CAUT Bulletin ACPL September/ Septembre 1974
GUIDELINES ON COLLECTIVE BARGAINING
The CAUT Board in June 1973 adopted interim
guidelines which are printed in the CA UT Hand-
book, pp. 126-127. In March 1974 the Board ap-
proved amendments proposed by the Collective
Bargaining Committee. The following guidelines
have been approved by the CAUT Council.
The CAUT recognizes that collective bargain-
ing can be an effective means to obtain its objec-
tives— to defend academic freedom and "to
promote the interests of teachers and researchers in
Canadian universities and colleges, to advance the
standards of their profession, and to seek to im-
prove the quality of higher education." (CAUT
Constitution, Section 11.21)
It is particularly important that faculty
associations seeking to secure a collective bargain-
ing agreement either through voluntary recognition
or through certification should ensure:
1. That the objectives of the proposed collective
agreement be made clear to the membership
and agreed to by them before a formal request
for voluntary recognition or certification is
made. (This does not preclude assistance to
faculty associations who have taken the legal
steps to obtain certification prior to the passing
of the Interim Policy Statement.)
2. That the terms of any agreement ensure that the
conditions of employment sought allow the
realization and defence of the principles of the
CAUT, in particular:
(a) explicit guarantees concerning academic
freedom and tenure as defined by the
CAUT through its policy statements and
guidelines regarding appointments and
other matters involving the contractual,
academic and individual rights of
professors;
(b) procedures and provisions which ensure
the participation of faculty members in the
governance of the university including
formal participation by faculty members in
tne governmental structure.
3. That the terms of any agreement ensure the
creation of a clearly defined procedure for the
prompt consideration of problems and
grievances to which any affected individual
faculty member or group of faculty shall have
full access.
4. That the collective barganing agreement should
guarantee the right of the individual to proceed
himself to arbitration in cases of dismissal for
cause.
5. Prior to the signing of a collective agreement,
there should be a formal written agreement
between the CAUT and the local association 1
that in the case of grievances which involve non-
renewal, denial of tenure or refusal of promo-
tion leading to non-renewal (for dismissal see
clause 4) where the local has the sole power to
decide whether or not there will be an arbitra-
tion of grievances, the professor concerned may
appeal to CAUT the local's refusal to proceed
to arbitration. In such a case, the CAÛT may
request the local to submit the matter to ar-
bitration, and the local shall then do so. The
agreement between the CAUT and the local
shall specify that in such a circumstance the
CAUT will name those who are to argue the
case, and shall share the costs of arbitration
with the university.
6. That the CAUT endorse the principle of one-
man arbitrations in collective agreements
provided that a three-man panel be available as
an option to either party in arbitrations in-
volving non-renewal, denial of tenure, denial of
promotion leading to non-renewal and dismisal
for cause. Such an option would also be
preferable for collective grievances brought by
the Association (union grievances).
7. That CAUT reaffirm the principle endorsed in
the Policy Statement on Academic Ap-
pointments and Tenure that arbitrators should
be chosen outside the particular university
where the case occurs. Such arbitrators should
be familiar with the customs, practices, nature
and spirit of the academic community.
8. That there should be provisions in the agree-
- ment to accommodate affirmatively asserted
conscientious objection to membership in the
association through an arrangement whereby the
dues are remitted either to the association or to
an alternative recipient agreed to by both the
association and the university.
9. That the constitution of the association express-
ly provide that an individual faculty member or
a group of faculty members can appeal to the
CAUT, without prejudice to their rights or
standing in the association, and that the associa-
tion can also appeal to the CAUT in -any case
where there is a disagreement between the in-
dividual faculty member or group of faculty
members and the association. (This clause has
been referred to the Collective Bargaining Com-
mittee for further study.)
1. The exact nature of affiliation between locals and the CAUT and the
relationships among locals, CAUT and provincial faculty associations in
cases where provincial associations exist may require further clarification
and discussion.
DIRECTIVES EN MATIÈRE DE NÉGOCIATION
COLLECTIVE
Le bureau de l'A.C.P.U. a adopté en juin 1973
un énoncé provisoire de politique en matière de
négociation collective qui figure aux pages 132 et
133 du Guide de l'A.C.P.U. En mars 1974, le
Bureau a approuvé les modifications proposées par
le Comité de la négociation collective. Les direc-
tives suivantes ont été approuvées par le Conseil de
l'A.C.P.U.
L'A.C.P.U. reconnaît que la négociation collec-
tive peut être un moyen efficace d'atteindre ses
objectifs, c'est-à-dire de défendre la liberté univer-
sitaire et « de défendre les intérêts des professeurs et
des chercheurs des universités et collèges du
Canada, de travailler au relèvement des normes de
leur profession et de chercher à améliorer la qualité
de l'enseignement supérieur au Canada. » (Règle-
ment de l'A.C.P.U. Section 11.2.1.)
Il est particulièrement important que les
associations de professeurs, lorsqu'elles s'efforcent
d'aboutir à la signature d'une convention collective,
soit par le biais de la reconnaissance volontaire, soit
par le biais d'une accréditation, fassent en sorte:
1 . Que les objectifs de la convention collective en
vue soient clairement expliqués aux membres et
reçoivent leur approbation avant la demande
officielle de reconnaissance volontaire ou d'ac-
créditation. (Cela n'interdit pas d'aider les
associations de professeurs qui avaient déjà pris
les dispositions prévues par la loi pour obtenir
l'accréditation, avant l'adoption des présentes
directives.)
2. Que les termes de la convention garantissent, en
ce qui concerne les conditions d'emploi, la
réalisation concrète et la défense des principes
de l'A.C.P.U., et comportent en particulier:
- a. des garanties expresses touchant la liberté
universitaire et la permanence, telles qu'elles
sont définies par l'A.C.P.U. dans ses
énoncés de politique et ses directives
touchant les nominations et les autres
questions relatives aux droits contractuels,
professionnels et individuels des professeurs;
b. des mécanismes et dispositions propres à
assurer la participation des professeurs à la
gestion universitaire et notamment la par-
ticipation des professeurs aux différentes
instances académiques.
3. Que les termes de l'accord garantissent la créa-
tion d'une procédure nettement définie en vue
de l'étude expéditive des problèmes et des
plaintes, procédure qui serait pleinement
accessible à tout professeur ou groupe de
professeurs en cause.
4. Que la Convention collective garantisse à tout
professeur le droit de recourir personnellement
à l'arbitrage dans les cas de révocation motivée.
5. Que, avant la signature d'une Convention
collective, l'A.C.P.U. et l'association locale1 se
soient formellement entendues par écrit pour
que, dans les cas de griefs touchant le non-
renouvellement, les refus de la permanence ou le
refus d'un avancement aboutissant au non-
renouvellement (voir l'article 4 pour les cas de
révocation), pour lesquels l'Unité syndicale a
seule le pouvojr de décider s'il convient ou non
de porter le grief en arbitrage, le professeur en
cause ait la possibilité d'en appeler à l'A.C.P.U.
du refus de l'Unité syndicale de porter sa cause
en "arbitrage. Dans un tel cas, l'A.C.P.U. peut
demander à l'Unité syndicale de soumettre la
question à l'arbitrage, et l'Unité syndicale doit
alors s'exécuter. L'entente entre l'A.C.P.U. et
l'Unité syndicale doit spécifier que, dans un tel
cas, l'A.C.P.U. nommera les défenseurs de la
cause et partagera les frais de l'arbitrage avec
l'Université.
6. Qu'il soit clair que l'A.C.P.U. approuve le prin-
cipe de commissions d'arbitrage composées
. d'une seule personne en matière de convention
collective, à condition que chacune des parties
ait la possibilité d'opter pour une commission
de trois membres dans les causes de non-
renouvellement, de refus de la permanence, de
refus d'avancement aboutissant au non-
renouvellement et de révocation motivée. Une
telle option serait également préférable dans les
cas de grief collectif présenté par l'Association
(revendications syndicales).
7. Qu'il soit clair que l'A.C.P.U. exige, conformé-
ment à l'énoncé de principes relatif à la nomina-
tion des professeur et à la permanence de
l'emploi, que les arbitres soient choisis à
l'extérieur de l'Université où le litige se produit.
De tels arbitres doivent être bien au courant des
usages^ des méthodes, de la nature et de l'esprit
du milieu universitaire.
8. Que la convention collective prévoie que les
professeurs qui refusent par principe d'ap-
partenir au syndicat puissent remettre les
cotisations soit au syndicat, soit à un autre
bénéficiaire accepté par le syndicat et par
l'université.
9. Que la constitution du syndicat autorise
expressément un professeur ou un groupe de
professeurs à faire appel à l'A.C.P.U., sans
préjudice de leurs droits ou de leur situation au
sein de l'association, et que le syndicat puisse
lui-même faire appel à l'A.C.P.U. en cas de
désaccord entre un professeur ou un groupe de
professeurs et l'association. (Cet article a été
renvoyé pour complément d'étude au Comité de
la négociation collective.)
1. Il se peut qu'il soit nécessaire de clarifier davantage la nature exacte de
l'affiliation entre l'association locale et l'A.C.P.U de même que les
relations entre l'association locale, l'A.C P.U. el l'association provinciale
dans les cas où existe telle association provinciale.
CAUT Bulletin ACPU September/Septembre 1974 — page 19
What will C AUT do ?
If a faculty association decides to consider seriously collective bargaining or to proceed to
certification, it can count on a range of services from CAUT. CAUT has professional officers who have
the experience and knowledge to assist local associations in considering the pros and cons, drafting and
presenting a bid for certification to a labour board, preparing proposals and conducting negotiations.
All it requires is a letter or telephone call to the Executive Secretary, Donald C. Savage in Ottawa, 66
Lisgar Street, K2P 0C1 or to Marie-Claire Pommez at the same address and phone number. (Telephone
is 613-237-6885.)
The CAUT has set up a collective bargaining fund to assist local associations in the process of
securing certification. Last year funds were provided to Manitoba, Nelson and St. Mary's.
The CAUT has created a standing committee on collective bargaining. Its chairman is Professor
C.C. Bigelow. He is the Chairman of the Department of Biochemistry at Memorial University and can be
reached at that address. The other members are Professors
Bernard Adell, Faculty of Law, Queen's University
M. Jean-Denis Gagnon, Droit, Montréal
Roland Penner, Law, University of Manitoba
Joe Rose, Business Administration, University of New Brunswick
Mark Thompson, Faculty of Commerce, University of British Columbia
Jill Vickers, Political Science, Carleton University
Marie-Claire Pommez, CAUT
The prime purpose of the committee is to help adapt collective bargaining to the university milieu.
It studies particular problems, such as tenure and collective bargaining, the continuation of rights and the
like in order to provide position papers for interested faculty associations. It will soon be issuing a primer
on collective bargaining similar to the one on tenure which is to be found in the CA UT Handbook. The
Executive of CAUT has also authorized a clause finder to ensure that faculty bargainers have all the
Canadian precedents at their finger tips. This will be issued in sections, and the first will deal with dis-
missal. Members of the committee also join with other faculty members who have experience in this area
to form a "flying circus" which is available to associations who desire discussion of the merits and
problems of collective bargaining. Any requests should be made to the Executive Secretary of CAUT,
Finally CAUT has issued a set of guidelines in the area of collective bargaining which are to be
found elsewhere in this issue. These guidelines reflect the desire of CAUT to ensure that collective
bargaining becomes an agency for securing the ends of the association and defending the contractual and
economic rights of its members. It is not an easy task to reconcile individual and collective rights, but
CAUT is determined that collective bargaining will be our servant and not our master.
Foronîy^amonth,
well give you the
key to our bank*
CANADIAN IMPERIAL
BANK OF COMMERCE
USA and UK... Cont'd from p. 16
proximately 80,000 faculty members— an eightfold
increase since 1968. The list includes the City
University of New York, all the campuses of the
State University of New York, the entire college
systems of New Jersey and Pennsylvania, Rutgers
including the medical college, St. John's University
in New York and the University of Rhode Island.
All publicly supported universities and colleges in
Florida will soon choose agents as will the Univer-
sity of Hawaii. Not everyone, however, has been
convinced. Both Syracuse and New York Universi-
ty voted recently against certification.
However, the trend is almost certain to continue
if only because of one of the pecularities of
American law. • American universities, unlike
Canadian, are clearly defined as private or public.
Faculty at public universities are governed by the
legislation designed for civil servants which in the
majority of states prohibits or impedes collective
bargaining. This is why unionization has been
restricted to certain states such as New Jersey, New
York, Pennsylvania, Rhode Island, Massachusetts,
Michigan and Hawaii. However, a great many
states are currently considering legislation to allow
collective bargaining in the public service, and a fair
number are expected to act in favour within the
a great many states are currently con-
sidering legislation to allow collective
bargaining in the public service. This
will allow university faculty to organize
coming academic year. This in turn will allow
university faculty to organize, and most observers
expect that they will do just that. Private
universities of a reasonable size may certify under
the National Labour Relations Board and
judgments over the past two years suggest that
there are few barriers to impede those who wish to
do so.
In the United Kingdom the British Association
of University Teachers (AUT) has also taken the
path into collective bargaining. From its founda-
tion in 1919 until recently the AUT eschewed such
formal arrangements and concentrated on informal
methods, particularly in the area of salaries and
fringe benefits. However, the decision of the Heath
government to introduce the Industrial Relations
Act impelled many independent professional
groups to seek or to consider certification as a
union. The AUT chose this course of action and
formally became a trade union as did practically all
of its locals. Their decision must also be seen in the
context of the rapid expansion of British univer-
sities and the consequent lessening of the" effec-
tiveness of gentleman's agreements. The centralized
negotiation of salaries and other economic matters
in the United Kingdom facilitates the decision. As
David Crevier pointed out in his article on the
British Universities Grants -Commission in the
March 1974 Bulletin (Vol. 22. No. 4), the AUT
participates in a two-stage collective bargaining
process, first with the vice-chancellors of the univer-
sities and then with the government. Traditionally
the AUT has left matters of academic freedom and
the procedures for dealing with faculty contracts
other than on the economic side to its local
associations. However, in the last year the AUT has
moved decisively to negotiate terms and conditions
of employment as well as salaries. The AUT also
negotiates for librarians and university ad-
ministrators. One symbol of the change in the AUT
was the choice of a non-academic as the general
secretary. The choice fell on a barrister and trade
union leader. The AUT also has some opposition
from ASTMS (Association of Scientific, Technical
and Managerial Staff) but this is not nearly so
significant as the cdmpetition to the AAUP in the
United States and, at the moment, seems centred on
the question of who should represent graduate
assistants.
Page 20 — CAUT Bulletin ACPU September/ Septembre 1974
BOOKS
Arbitration at a Glance
Collective Bargaining Agreements in Higher Education
Faculty Bargaining in the Seventies
Faculty Power : Collective Bargaining on Campus
University Collective Bargaining : US Models
Encountering the Unionized University
LIVRES
Welcome new insights into unionization
campus
Encountering the Unionized University, edited by Jack H. Schuster New
Directions for Higher Education, Volume II, Number I, Sequential Number
5. San Francisco: Jossey-Bass, Inc., Spring 1974. Pp. 106.
The pace of the advance of collective bargaining
in North American colleges and universities is
rapidly being matched by the quantity of literature
devoted to the issues of faculty unionization. This
collection of articles attempts to identify several
trends emerging from the complex situation that
presently exists.
For some academic persons, collective bargain-
ing comes as a welcome solution to the problem of
establishing increased participation in decision-
making in the face of apparently arbitrary, insen-
sitive administrations and accountability-minded
politicians; for others it signifies the beginning of
the end of an era of cosy, collégial, shared
authority, and portends disastrous and irreversible
changes in faculty culture and institutional gover-
nance. Due to the recent appearance of collective
bargaining and the scarcity of comprehensive
studies of the effects of its introduction in a variety1
of academic settings, it is perhaps too soon to assess
the reality of these basic hopes or recurrent fears.
Nevertheless, collective bargaining is rapidly
becoming established as a fact of academic life and
any new insights on its problems and probable con-
sequences are welcome indeed.
The effects of unionization on institutional
governance is a topic on which experience and opi-
nion equally may support pessimistic or optimistic
conclusions. Theoretically, the collective bargain-
ing model and the shared authority model appear
to exhibit basically incompatible features; in prac-
tice, however, the ideals of shared authority may be
fortified through collective bargaining by for-
malizing established practices or . gaining legal
status for new procedures. A belief in the possibility
of the peaceful coexistence of academic values and
bargaining techniques appears to have supplanted
the either-or dichotomy of some earlier
assessments, particularly in the light of new ap-
proaches that have modified the inappropriate
elements of the industrial model of unionism. The
discussion of recent experiences in dealing with
such problems as the dependence on outside agents,
the incorporation of governance provisions into
contracts, the resolution of jurisdictional conflicts,
and management rights, supplies a much-needed
background for understanding this vexing problem.
Due to the difficulty in distinguishing academic and
governance issues, some institutions may be
heading for a compromise situation in which
faculty, through their unions, make gains in the
former area while the administration preserves
supremacy in the latter sphere. Persistent apathy on
the part of faculty in matters of governance will
hasten his trend and, like the citizens of the larger
political state, they will get the form of governance
they deserve.
One of the more unusual theses presented in this
book is the proposition that the major threat to
higher education is not collective bargaining, but
lies in forces outside the academy, to which collec-
tive bargaining is a response. In this view, the over-
concern for the impact of collective bargaining on
internal relationships and decision-making
processes is misplaced and must be countered by
greater attention to external political and economic
developments. An immediate implication of this
proposal, of course, is the requirement of closer
alliances with organized labour. This socialist-
inspired insight perhaps will gain more support
from the younger, underpaid faculty of marginal
colleges than from the wealthy professors of
affluent, established universities. The further claim
that noneconomic issues at the bargaining table
have basically economic roots is one which may be
disputed on ideological grounds; nevertheless, there
is more than a grain of truth in the observation that
increased agitation for improved salaries, promo-
tion policies, tenure regulations, sabbatical leaves,
and the like, reflects the current economic scarcity
and depression in higher education. At the same
time, it is useful to be reminded that the traditional
academic freedom in teaching, curriculum, and
research also may be jeopardized through
budgetary constraints determined on the ad-
ministrative policy-making level, with little or no
faculty consultation. The threat of greater
managerial control by administrators or govern-
ment officials, therefore, is the ground upon which
collective bargaining can be regarded as an internal,
conservative, and defensive tactic on the part of
faculty to a problem essentially external to the uni-
versity, one to which a response must be made in
terms of the broadest possible perspective.
The influence of collective bargaining on the
behaviour of administrators is a topic which has
seldom received sufficient attention. If the
arguments presented in this book are correct, there
is reason to believe that the role of management in
higher education can actually be strengthened un-
der collective bargaining. Pressures for efficiency
and accountability have been felt by administrators
before the arrival of faculty unionism, but un-
doubtedly they will be intensified in the new
situation. Participation in the bargaining
relationship will yield certain dividends for
management: improved methods of data collection,
storage, retrieval, and accuracy, enhanced channels
of communication, more effective decision-making
procedures, and increased awareness of ad-
ministrative priorities. The relative stability of
agreements over a period of time and the delinea-
tion of-respective^pheresof action coristiUitean -ad-
ditional benefit to administrators and faculty alike.
In discussions of faculty collective bargaining,
an inescapable problem lies in the definition of the
"faculty" for the purposes of establishing the
bargaining unit: shall it encompass part-time
members and non-teaching professionals, along
with regular staff members? If they are included,
some substantial power shifts may be expected in
faculty decision-making. Questions concerning the
inclusion of department chairmen and the separate
on
recognition of faculty members by disciplines in
determining the scope of the bargaining unit pose
additional thorny problems. Whatever may be the
nature of their resolution, it is likely that hitherto
unexplored lines of involvement will develop for
specialists in areas related to the bargaining
process. The stronger voice of the faculty will
require the active participation of experts in law,
politics, economics, business administration, and
education, in the negotiation and evaluation of con-
tractual agreements.
A welcome aspect of this book is the discussion
of the probable role of students in the bargaining
process, for an assessment of the nature and extent
of student clout has not been a prominent feature of
most accounts of faculty collective bargaining. As
the reports of the disparate happenings at CUNY
and the Massachussetts State College System in-
dicate, experience has ranged from pitched battle to
tripartite bliss. The initial instinctive sympathy of
students for the faculty cause cannot be counted on
in the future as their political wisdom increases, and
with it their awareness of what they have to gain or
lose in the face of faculty unionism.
It is the editor's belief that bargaining models
developed in other countries, such as Great Britain,
Canada, Sweden, and Israel, have little
transferability to the American scene, due to the
diversity and decentralization of higher education
in the United States. However, can the American
experience teach us in Canada anything of value?
Perhaps, if only we can discern, among the richness
and confusion of the American panorama, relevant
experiences which can fit our own unique
background and present context* In this search, the
present volume is recommended supplementary
reading to Collective Bargaining for University
Faculty in Canada, by B. L. Adell and D. D. Carter.
Unfortunately, single copies of this book are
not available; it must be ordered by subscription to
the series published quarterly (earlier numbers dealt
with faculty development, budgeting strategies, stu-
dent services, and the evaluation of learning and
teaching), otherwise in quantities of five or more
copies at $3.75, 'a condition which local faculty
association offices easily could meet.
James B. Hartman
Arbitration :
a guide
to the amateur
Arbitration at a Glance : A Manual on How to Prepare and Present a Grievance
to a Board of Arbitration. By Chris Tower. Toronto: Labour Research
Institute, 1973, pp. 255-viii. $10.
Mr. Tower, a staff member of the United
Steelworkers of America, has prepared a handy
guide to arbitration proceedings. Most books on
arbitration are written from the point of view of the
arbitrator or the labour lawyer. This book,
however, is intended to assist the union represen-
tative in making his case before a board of ar-
bitration. It takes the amateur through the whole
process — preparation, opening formalities, briefs,
procedure, examination of witnesses, argument,
summation. It also includes some useful appendices
on particular points such as a series of summarized
cases involving the circumstance in which the union
can put a grievance, a discussion of onus in dis-
charge and discipline cases, another on the Tanser
principle in relation to discipline for incompetence
plus some sample briefs. Mr. Tower has succeeded
in his task for he has created a practical and useful
book for the layman.
Donald C. Savage
CAUT Bulletin ACPU September/Septembre 1974 — page 21
Richesse de l'information sur l'état de la syndicalisation
et de la négociation collective dans l'enseignement supérieur américain
Faculty Bargaining in the Seventies, Terence N. Tice (Éditeur). 408 pagei,
publié en 1973 par The Institute of Continuing Legal Education.
« Faculty Bargaining in the Seventies » a été
rédigé par un groupe d'auteurs rattachés au
domaine des relations de travail, en leur qualité de
professeurs, de fonctionnaires gouvernementaux ou
d'administrateurs dans le domaine de l'éducation.
Le livre est divisé en trois parties. La première, in-
titulée « The Approach to Bargaining », analyse sur-
tout les aspects légaux de la négociation collective
dans la fonction publique et dans l'enseignement en
particulier; elle comprend 5 chapitres. La deuxième,
intitulée «The Bargaining Process », présente les
aspects techniques de la négociation et de l'applica-
tion des termes d'une entente négociée dans le con-
texte de l'enseignement supérieur; elle comprend 5
chapitres. La troisième, intitulée «The Situation in
the States», présente une analyse exhaustive de la
situation à travers les Etats-Unis. Le livre se ter-
mine par une série d'annexés et une intéressante
bibliographie de 35 pages sur la négociation collec-
tive dans le secteur public et dans l'enseignement
supérieur.
La valeur principale de cet ouvrage réside dans
la richesse de l'information qu'il nous fournit sur
l'état de la syndicalisation et de la négociation
collective dans l'enseignement supérieur américain.
Mentionnons d'abord que l'enseignement
supérieur, tel que défini dans l'ouvrage, englobe
tout l'enseignement qui se situe au-dessus du niveau
« High School ». On y distingue fondamentalement
trois types d'établissement: les universités, les «4-
year colleges » et les « 2-year colleges »; on distingue
également les établissements publics et les
établissements privés.
L'une des préoccupations du livre, et l'une de
ses qualités, est de présenter la situation de la syn-
dicalisation dans l'enseignement supérieur dans le
contexte plus général et déterminant de la situation
qui prévaut dans l'ensemble du secteur public
américain. Sur ce point, le livre de T. Tice nous
fournit des renseignements intéressants.
« Thirty-seven states now have some form of
legislation or regulation affecting labor-
management relations in the public sector...
Only one-third of these thirty-seven states,
perhaps less, have statute that measure up to
any standard which permits a viable labor-
management relationship to develop. »
« . . .Of the thirty-seven states only seventeen
have legislation that in some manner affects
faculty members at public institutions. The
remainder have laws that exclude faculty
members or that affect only local governmental
employees, teachers, police, firemen, nurses or
classified state employees » (pages 8 et 9).
C'est dans ce contexte relativement peu
développé des relations de travail dans le secteur
public américain qu'il faut analyser l'effort de syn-
dicalisation dans l'enseignement supérieur.
Cet effort est donc très variable d'un état à
l'autre et d'une région à l'autre et sur ce point la
troisième partie du volume (pp. 177 à 238) donne
une excellente description de la situation. Elle nous
apprend que parmi les 194 unités de négociation
connues en date d'avril 1973, 172 se trouvaient dans
le secteur public (dans 288 établissements ou cam-
pus) et 22 dans le secteur privé (dans 26
établissements ou campus); que 89 de ces 314
établisse: > jnts ou campus se situaient dans l'État de
New York, 34 au Michigan, 27 au New Jersey, 26 à
Washington. 25 en Pennsylvanie, etc. . .; que 273 de
ces 314 établissements ou campus se trouvaient
dans 9 étàfcs tous des états industriels du nord-est
ou du mid-west; que ces unités de négociation
regroupaient 78,750 personnes, dont environ la
moitié, 38,195, dans l'État de New York; que ce
nombre regroupe environ 15% du personnel ensei-
gnant à plein temps dans les établissements publics;
que parmi ces 314 établissements, la grande
majorité, ->oit 203, sont des « 2-year colleges », 90
sont des "4 -year collèges» et seulement 21 sont des
universités, dont 1 1 publiques et 10 privées; que les
syndiqués sont regroupés principalement en trois
grandes associations: l'American Association of
University Professors (AAUP), majoritaire dans les
universités, l'American Federation of Teachers
(AFT) affiliée à TAFL-CIO, et la National Educa-
tion Association (NEA), ces deux dernières étant
majoritaires dans les « 2-year et 4-year colleges ».
Ce dernier point d'information permet de cons-
tater que le problème des enseignants face à la
question de l'unité syndicale existe également outre-
frontière et que ce problème est d'autant plus im-
portant qu'on s'élève dans le niveau de l'enseigne-
ment supérieur. Rappelons à ce sujet, qu'au
Québec, seul le Syndicat des Professeurs de
l'UQAM est affilié à une centrale ouvrière, la CSN.
Ce point n'est certes pas le seul que nous ayons
en commun avec nos collègues américains. En effet
la première partie du volume de T. Tice nous
permet de constater, malgré de nombreuses
répétitions qui auraient pu être évitées d'un
chapitre à l'autre, que des problèmes tels la
définition de. l'unité d'accréditation et de
l'employeur, la forme de négociation, les moyens
d'action à entreprendre, sont l'objet de discussions
dans les universités américaines comme dans les
universités canadiennes. En ce qui concerne la
définition de l'unité d'accréditation, mentionnons
les problèmes de l'inclusion ou de l'exclusion dés
professeurs de droit et des directeurs de
département. Par rapport à la forme de
négociation, l'ouvrage évalue les «avantages»
respectifs des diverses formes de regroupement;
syndicat, association, sénat académique. Par
rapport aux moyens de pression, le débat bien
connu sur le bien-fondé ou la nécessité éventuelle
de recourir à la grève est également soulevé.
C'est par rapport à ce type de questions d'une
importance primordiale et surtout dans la deuxième
paçtie du volume où l'aspect pratique et
organisationnel de la négociation est analysé, que le
volume de Tice nous cause certaines déceptions. Et
cela tient sans aucun doute à l'optique dans laquelle
cet ouvrage a été conçu. Comme malheureusement
beaucoup trop d'ouvrages universitaires le font, le
livre de Tice se situe essentiellement « au-dessus »
des parties en cause dans la négociation et vise à
donner à l'une- comme à l'autre des conseils qui
devraient permettre un déroulement harmonieux
des négociations. C'est en ce sens que la négociation
est analysée beaucoup plus comme un « modèle » ou
une forme possible de dialogue entre deux parties à
choisir parmi d'autres dans le contexte traditionnel
de la recherche des intérêts de la « communauté
universitaire», et non pas comme un rapport de
force entre deux parties ayant des intérêts divergents,
imposé par la réalité objective de la dégradation
des conditions de travail des enseignants. C'est
ainsi que le chapitre 6, par exemple, intitulé
« Preparations for Bargaining » établit dès le début
qu'il est « designed especially to aid attorneys
charged with giving assistance on faculty collective
bargaining, whether the client is a bargaining agent
or a governing board » (page 79). Puis s'engage une
énumération quelque peu soporifique d'une foule
de détails ou même de recettes, précisant jusqu'aux
dimensions de la table de négociation (page 93).
C'est ainsi également que le chapitre 7, intitulé « The
Dramatic Action of Bargaining » nous présente la
négociation comme une pièce de théâtre où une in-
trigue se déroule avec ses personnages, ses actes,
etc . . .
Cette optique générale dans laquelle lé volume
envisage la négociation ne peut par conséquent
éviter de la considérer comme un processus pure-
ment bureaucratique. S'il est indéniable que la
qualité du conseiller juridique et du dossier
technique sont des exigences fondamentales du
■mecès d'une négociation, on ne saurait trop insister
par ailleurs sur le rôle essentiel que doivent jouer les
principaux concernés, c'est-à-dire les membres de
l'unité de négociation, à chaque étape de la
négociation. Ce sont eux et personne d'autre qui
doivent, à partir d'une information complète et
donnée régulièrement par leç négociateurs, con-
trôler le processus de la négociation, prendre toutes
les décisions importantes. C'est la condition sine
qua non d'un fonctionnement syndical
démocratique. Or que nous propose le volume de
Tice par rapport à cela? C'est probablement le
chapitre 7 qui est le plus éloquent, pour ne pas dire
le plus « dramatique », à ce sujet. En effet, caractéri-
sant la « pièce de théâtre » qui est sur le point de se
dérouler, notre auteur en dit ceci:
« It takes place upon a stage where actors
engage, but for whose performance there is no
audience. The curtain never opens while the
drama is in process. Indeed, the curtain closes
as the action begins and does not open again
until the plot is concluded. The action proceeds
behind a wooden curtain. » (pages 96 et 97)
Ce n'est qu'à la fin de la négociation, dans
l'esprit de l'auteur, que le voile sera levé sur tout le
mystère qui aura enveloppé la négociation depuis le
début.
« Then and only then, the curtain which closed
at the initiation of bargaining will be opened,
so that what was developed in private will
become public.» (page llfj)
C'est dans cette même optique générale que le
volume considère la syndicalisation comme forçant
un changement du mode de gestion (governance)
universitaire, comme si la syndicalisation elle-même
n'était pas la réponse qui s'offre aux salariés face à
une détérioration de leurs conditions de travail et à
l'attitude patronale qui administre cette
détérioration.
C'est aussi dans le même esprit que le volume
suggère un certain nombre de solutions de type
bureaucratique à des conflits éventuels dans le
chapitre 9, intitulé « Mediation and Fact-Finding
in the Academic Setting ». L'auteur de ce chapitre,
un administrateur public, s'appuyant sur la déclara-
tion suivante: «A strike by professional employees
of a college or university is not likely to do more
than disturb the peace of the institution» (page
131), analyse différentes avenues de médiation, l'ar-
bitrage obligatoire ou non obligatoire, comme
mode de résolution des conflits. Comme on le sait,
ces méthodes ont toujours joué au détriment des
salariés quant aux résultats. Elles doivent aussi être
combattues au nom du principe affirmant la
nécessité d'assurer le contrôle exclusif de toutes les
étapes d'un règlement négocié par les membres de
l'unité de négociation, y compris la décision de
recourir à tel ou tel type de moyen d'action pour
appuyer leurs revendications. Malheureusement,
sur ce point, comme sur beaucoup d'autres,
l'ouvrage se contente de nous présenter une analyse
de «spécialiste» plus préoccupée de maintenir la
paix de la « communauté universitaire » que des
moyens d'assurer une solution satisfaisant les
salariés.
En somme si le livre de Terrence Tice constitue
une source d'information très riche qui mérite
d'être consultée, il est par ailleurs décevant sur le
plan de l'analyse et cela tient au caractère stricte-
ment « universitaire*» de son approche qui vise, im-
plicitement ou explicitement selon les chapitres, à se
situer au-dessus des problèmes et en dehors des par-
ties en cause, sous prétexte de garantir la neutralité
nécessaire à une analyse soit-disant objective de la
situation. On ne peut viser à rejoindre en même
temps deux groupes dont les intérêts sont
divergents, en l'occurrence les employeurs et les
salariés, sans manquer son coup à moitié. C'est
malheureusement ce que fait le livre de T. Tice et
cela l'amène à négliger l'aspect qui, pour nous syn-
diqués, est fondamental, c'est-à-dire celui de notre
regroupement syndical face à la concertation
patronale et au contrôle gouvernemental de nos
conditions de travail, de la nature de ce
regroupement, de son fonctionnement
démocratique et de son rôle par rapport aux
batailles à entreprendre.
Louis Gill
Page 22 — CAUT Bulletin ACPU September/ Septembre 1974
University collective bargaining :
U.S. models
Content of Collective
Agreements
National Center for the Study of Collective Bargaining in Higher Education
Proceedings First Annual Conjerence April 1973, ed. Maunce L. Bonewnz.
New York: Baruch College, 1973. Pp. 136.
College Teaching and Teachers: Legal Implications of Academic Affairs
Alabama: Institute of Higher Education Research and Services, University of
Alabama, 1973. Pp. 69, mimeo. '
Collective Bargaining in Postsecondary educational Institutions : Application»
and Alternatives in the Formulation of Enabling Legislation Denver:
Education Commission of the States, 1974. Pp. 104 + v.
Collective Bargaining in Higher Education H. I. Goodwin and J. O. Andes
Contract Content 1973 Morgantown: University of West Virginia. 1974. Pp.
1 15 + v, mimeo: S7.50.
The proceedings of the National Center for the
Study of Collective Bargaining are lively and
interesting. There are three contentious general
papers. One of the most interesting is the reluctant
conversion of Sidney Hook, the noted philosopher
and critic of the New Left, to collective bargaining.
Hook discusses many of the drawbacks to
collective bargaining in the universities but
concludes that it is inevitable and that faculty
should choose models that most conform to the
academic mission of the university by insisting, for
instance, that all arbitrators be distinguished
educators without parti pris. On the other side
Professor Donald H. Wollett of the University of
California argues that collective bargaining must
mean the end of self-government and
collegiality — results that he would find pleasing
since he considers these notions fraudulent in
practice. The Chancellor of the City University of
New York discusses some of the general problems
that have arisen at CUNY but assumes throughout
that collective bargaining is here to stay.
Most of the other contributors deal with
particular problems — management rights, the use
of arbitrators, tenure and collective bargaining,
dup process and collegiality. There are two papers
on management rights which are well worth
reading — an analysis of current American practice
by Margaret K. Chandler and Connie Chang and a
splendid polemic by Israel Kugler, the Deputy
President of the Professional Staff Congress at
CUNY. I would also draw attention to the paper
of Woodley B. Osborne, Director of Collective
Representation and Associate Counsel of the
AAUP, entitled, "Is Tenure a Bargainable Issue? ".
Osborne believes not only that it is bargainable but
that it should be. He points out that tenure has
been undermined in many circumstances where
there was no collective bargaining on the
campus — unilateral action by trustees or
bureaucrats or politicians — and that the strength
of tenure will likely be decided by political and
educational forces that may well have little to do
with whether or not a faculty association is a
certified bargaining agent. However, he points out:
"The fact is that collective bargaining can have
a positive impact on provisions for tenure. By
incorporating the traditional mechanisms of
collégial judgment into a collective bargaining
agreement, one can insure that they are binding
upon the administration and the faculty. By
subjecting alleged violations of agreed-upon
procedures to arbitral review, one can reinforce
the integrity of the process by which faculty
status is determined; and by incorporating
provisions for tenure into a binding agreement,
a college or university can protect those
provisions against incursions from outside the
institution."
The other three books are of the less useful
variety although for different reasons. The
publication from Alabama stems from a
conference on university legal problems held in
1973, The consequence is a grab- bag of papers, two
of which deal with collective bargaining in the
universities. Richard Thigpen, an executive
assistant to the president of the University of
Alabama, thinks that the drive to collective
bargaining will decline because the university is
passing from an age of legalism to one of
consumerism. Since these terms are not defined
with any precision, the whole exercise seems rather
pointless. The commentator, Joan North of the
same university, wisely avoided discussion of the
main paper and instead gave a summary of some of
the reasons for collective bargaining and some of
the effects on other parts of the university
community. There is nothing much of interest to
Canadian academics in these two articles except
perhaps Ms. North's quote from President
Kennedy to the effect that when things are well
coordinated and running smoothly and happily,
that is a sure sign that nothing very significant is
happening.
The publication from the Education
Commission of the States is interesting but deals
with a problem that is not relevant in any province
in Canada except possibly Alberta. In the United
States professors at state universities are legally
considered to be state employees. Many American
states do not permit collective bargaining by state
employees. Since a large number of these states are
now considering legislation to legalize collective
bargaining, the Education Commission has
produced a book for legislators on the pros and
cons. However the situation is rather different in
Canada since faculty associations in five provinces
are already certified bargaining agents under
regular labour legislation, and it would appear
unlikely that there would be any significant legal
barriers in most other jurisdictions.
I place the West Virginia publication among
the less useful for still another reason. It surveys
the clauses to be found in collective agreements in
1973. However, it does not identify the institutions
concerned, and it makes a great deal of difference
whether or not the clauses come from a junior
college in the Midwest or a four year university in
the East, from Podunk U or the City University of
New York. Canadian readers should be aware that
many junior and community colleges in the United
States are very authoritarian and are given to
rather rigid regimentation of hours and other
details of their contracts. The unwary might
assume from this publication that such
management domination is inherent in American
collective bargaining when this is not the case.
There is also some summarizing which must
involve a certain editorial discretion. It seems to
me that a publication such as this should include
all clauses and indicate where they come from.
Readers should know that there are alternative
sources which provide this type of information.
They should also know that many of the contracts
listed here are, as Professor Donald Wollett has
pointed out, unimaginative and mediocre but that
this reflects either the constraints of the local
situation particularly in junior colleges or the
leadership provided by the union, not the inherent
possibilities available to faculty under collective
bargaining. In general I hope that Canadians will
not use such American publications uncritically
since there are differences in the law, terminology
and university practice of the two countries and
since a good deal of the information in the United
States derives from junior colleges rather than four
i year universities.
Donald C. Savage |
Collective Bargaining Agreements in Higher Education Stephen Moses. 1973.
137 pages. Department of Higher and Adult Education. University of
Missouri, Columbia, Missouri.
This monograph, originally prepared as a doc-
toral dissertation, studies the collective bargaining
agreements in existence as of January
1972. Before this is done, though, the author sets
out the environment of these agreements. Thus,
first, he outlines the history of academic collective
bargaining and describes the attitude towards
collective bargaining of the three Education
Organizations: the American Federation of
Teachers (AFT), the National Education Associa-
tion (NEA), and the American Association of
University Professors (AAUP). And secondly, he
summarizes the legal aspects of academic collective
bargaining. One thus becomes aware of the com-
plexities of federal and state regulations, for private
and for public institutions.
The author went over ninety-four agreements
and selected some major items for comparison pur-
poses. Three main areas of concern were
delineated: union security, wage and effort, and in-
dividual security.
Union security consists of the description of the
bargaining units and the contract duration. Since
bargaining units are composed of many diverse
constituencies, for simplicity, six types were
developed:
Type : Instructors, Librarians, and
Counselors.
Type II: Same as type I, excluding
Department Chairmen.
Type III: Only Full-time teaching Personnel.
Type IV: All staff holding Faculty Rank.
Type V: Same as Type I, plus Registrars and
Business Managers.
Type VI: All professional staff except the
President.
Wage and effort consists of salary scale and
workload provisions. Because comparing salaries is
not an easy task, it was decided to utilize the an-
nual survey conducted by the AAUP. Workload
provisions are those which refer to maximum
number of credit hours per semester that an instruc-
tor will teach.
Individual security consists of academic freedom,
tenure, and grievance procedure. For the purpose
of the study, academic freedom was divided into the
three components of the AAUP 1940 Statement of
Principles and Interpretative comments on
Academic Freedom and Tenure.
Type I : freedom in research and
publications.
Type II: freedom in the classroom.
Type III: freedom as a citizen.
The author notes that no provision regarding
academic freedom or tenure does not imply a lack
of institution policy. As to grievance procedure, it is
one of the most important provisions from the
faculty view-point.
"This study sought to find out what frontier we
are on, based on where we came from, and what
type of settlements are being concluded." The
author also concludes by saying that, in the future,
collective bargaining might be "something other
than the conventional modus operandi of simply a
contract".
Georges Frappier
CAUT Bulletin ACPI' September /Septembre 1974 — page 23
Faculty bargaining :
best defence — a good offence
Faculty Power : Collective Bargaining on Campus, Terrance N. Tice. Editor.
Institute of Continuing- Legal Education, Ann- Arbor, Michigan-, 1972. Pp.
XVII — 368.
The rapid growth of unionism in the public see-
tor is a relatively recent development. An even
more recent development, and by no means an in-
dependent one, has been the growing interest in
collective bargaining among American and Cana-
dian university professors. Faculty Power seeks to
increase our understanding of the legal, economic
and institutional implications of faculty unionism.
The book is an outgrowth of a 1971 conference
sponsored by The Institute of Continuing Legal
Education at the University of Michigan. The con-
tributors to this volume are primarily lawyers,
academics and university administrators and their
essays are supplemented by question and answer
sessions and panel discussions. There are also near-,
ly two hundred pages of appendixes and a
bibliography, which makes this a handy reference
book.
Let me begin by making a few general obser-
vations. Firstly, this book has a schizophrenic
quality. The sections dealing with labour law and
its administration seem suited for industrial
relations experts, but because of the cumbersome
way the material is presented it may confuse other
readers. On the other hand, sections dealing with
the implications of faculty unionism are more
suited to the layman than the industrial relations
specialist. This is a result of excessive descrip-
tiveness and a failure to critically analyze a number
important issues. Two examples are particularly
noteworthy. In the first instance, there is only
fleeting mention of collective bargaining at com-
munity colleges. Given that faculty at community
colleges represent 75 percent of the academic per-
sonnel covered by collective bargaining in the U.S.
(while constituting only 16 percent of the faculty), it
is surprising that more coverage is not devoted to
assessing their experiences and examining the im-
plications of this development for universities.
There is also a failure to examine in sufficient detail
the growth and significance of unionism among
nonacademics on campus.
Brief mention should be made of the possible
usefulness of this book as a reference guide for
Canadian universities. Generally speaking it does
have some valuable resource materials but these
tend to be of a technical nature. While the dis-
cussions of the pros and cons of unionism and
collective bargaining may be informative to the
layman, they do not represent a significant addition
to the literature. Indeed, Adell and Carters' Collec-
tive Bargaining for University Faculty in Canada
remains a more substantial reference source. In
conclusion, this book represents less than a
breakthrough; instead it gives one a feeling of déjà
vu.
Let us now turn to a more detailed review of the
book. Part I describes the legal framework govern-
ing collective bargaining in universities and con-
trasts the bargaining process in the private and
public sectors. The legal jurisdiction covering
colleges and universities is more complex in the
United States than Canada. Private institutions
whose gross operating budgets are at least a million
dollars are governed by the National Labour
Relations Act as a result of decisions by the
National Labour Relations Board in the Cornell
University case (1970) and the Fordham University
case (1971). Other private and public institutions of
higher learning are covered by state labour laws for
each respective sector. This contrasts with Cana-
dian legislation where colleges and universities fall
under the jurisdiction of private sector provincial
labour statutes.
The more varied legal framework in the U!S.
has several implications. First, it means that laws
not only vary between the private and public sector,
but can vary within sectors among the 50 states.
This means that the scope of collective bargaining,
the duty to bargain, impasse procedures and the
right to strike will vary among jurisdictions. In ad-
dition, labour boards can establish their own
guidelines on such matters as the appropriateness
of a bargaining unit for collective bargaining. This
may include decisions such as the exclusion or in-
clusion in the unit of certain faculties (law) and
employees (supervisors), and the scope of such un-
its, e.g., single campus or multi-campus units. Am-
ple evidence of variations in bargaining unit deci-
sion making are given. Finally, it is important to
note that only 29 states have statutes applicable to
public employees generally and of these, only 6
have explicit provisions for higher education. Thus
there are significant numbers of faculty who do not
have the legally protected right to collective
bargaining.
While this section does present the legal
framework governing faculty unionism, it suffers
from poor organization. Unless one is trained in
labour law or industrial relations it may be difficult
to follow the rules and regulations for faculty
members at different types of institutions. Greater
care should have been taken to present a coherent
picture of the similarities and differences between
public and private sector labour legislation.
Part ILexamines-in-greater- detail th& application
of the legal framework to various types of in-
stitutions, e.g., public and private universities, and
community colleges. Included in the discussion are
the rules and procedures for becoming certified,
and elaboration of various policies for determining
bargaining units and a comparison of the academic
environment in universities and community
colleges. There is also mention of the growth of un-
ionization among nonacademics at universities;
however, there is little effort devoted to analyzing
the implications of thir development. For example,
what affect will collective power for some groups
within the university community have on other
groups, e.g., faculty, when it comes to allocating
fixed economic resources.
Finally, there is a section devoted to questions
such as:
1. Will collective bargaining reduce salary
differentials among faculties? and
2. Will collective bargaining create an adver-
sary relationship between faculty and ad-
ministration?
These are good questions and it's unfortunate that
more complete answers are not given. Indeed, more
space should have been made available for such
purposes.
In Part III, collective bargaining and its alter-
natives are presented. There is an examination of
bargaining experience at the City University of
New York (CUNY) and its advantages. These in-
clude the growth of faculty power, greater par-
ticipation in the budgetary process and the develop-
ment of due process in the evaluation of faculty.
Additionally, it appears that collective bargaining
actually brought additional money into the univer-
sity system rather than money being allocated
differently so that faculty received a larger portion
of the budget.
Charles M. Rehmus' "Alternatives To Bargain-
ing and Traditional Governance" represents a
different view. He reviews three basic models of
governance. First, there is the traditional model in
which faculty play an advisory role and decisions
are controlled by administrators (the company un-
ion). Second, is the trade union mode) which is
founded on exclusive bargaining rights and a con-
flict of interest. Rehmus advocates an alternative
approach — bilateral decision making — as a means
of preserving internal decision making. What he is
really suggesting is a modified company union in
which the university voluntarily recognizes a facul-
ty negotiating committee, everyone behaves
rationally and the governing body makes final
decisions, "after the two committees (faculty and
administration) have had equal time to present
their cases to that body". Who's kidding who?
Rehmus, a political scientist, clearly fails to under-
stand that faculty unionism has in many instances
been a response to the failure of bilateralism, par-
ticularly during periods of financial uncertainty.
For bilateralism to work there must be a climate of
good will and mutual trust among faculty, ad-
ministrators, governing bodies and legislatures. All
of these factors are essential aspects of the in-
dustrial relations environment influencing faculty
members considering unionization.
The remaining two sections of the book discuss
the pros and cons of faculty unionism and the role
of collective bargaining. In general the tone is .
favourable to unionism. A number of contributors
note that faculty unionism is a response to limited
financial resources, the growth of nonacademic
bargaining on campus, legislative interference in
universities and a desire for greater faculty involve-
ment in governance. It is generally recognized that
collective bargaining is a means for achieving facul-
ty goals and represents an effective alternative to
"shared responsibility". A number of counter
arguments are also raised. It is suggested that
collective bargaining will create an adversary
relationship resulting in the loss of "shared respon-
sibility" and "collegiality" and place restrictions on
faculty autonomy. Moreover, since collective
bargaining is restricted to certain subjects it can not
be expected to change all aspects of university life.
While these criticisms of collective bargaining
are intelligently presented, let lis not lose sight of
the capacity of collective bargaining to change uni-
versity life. There is little reason to believe a priori
that collective bargaining will destroy collegiality,
abolish tenure and discourage faculty excellence or
is unable to effectively deal with decentralized
matters such as compensation. To be sure, collec-
tive bargaining will very likely establish more
elaborate rules and procedures for promotion,
tenure and compensation decisions (what some
critics have called the increasing bureaucratization
of the University). However, this has its benefits.
These include promoting more equitable treatment
in such decisions by making accountability com-
mensurate with responsibility and ensuring due
process.
Finally, let me interject a couple of points which
I do not believe this book makes clear. Firstly
collective bargaining is simply a process for altering
the terms and conditions of employment. Its ability
"to deliver the goods" is largely a function of what
the faculty wants and how hard they are willing to
press their demands. In addition, collective
bargaining is an adaptable process in that the in:
dustrial model need not be applicable to academics
just as it is not applicable to professional athletes.
Finally some critics of collective bargaining
suggest that all we have fought for over the years
will be lost if we unionize. The real question should
be what recourse do we have if a university uni-
laterally changes the terms and conditions of
employment we've worked so hard and long to es-
tablish? Proponents of faculty unionism might
suggest that the best defence is a good offence.
Joseph B. Rose
Page 24 — CAL'T Bulletin ACPU September/ Septembre 1974
Teaching evaluation : do students have
the right answers ?
Rapport Masson :
salaries at Laval
Proceedings of The First Invitation»! Conference on Faculty Effectiveness as
Evaluated by students. Allan L. Sockloff, Editor. Philadelphia: The
Measurement and Research Centre of Temple University, 1973. ^
"I should confess in the beginning that I am
not greatly enthused about discussion of
systematic evaluation of teaching by students in
isolation from other approaches to evaluation
of faculty services, (p. 1)"
With these words Paul Dressel opened the first
of twelve papers delivered at the Conference. They
would also have made a fitting conclusion. The
whole question of a broad "system" of evaluation
tended to be ignored. As a topic, it was moved from
third to last in the program. One of the papers
presented under Systems is printed in the
Proceedings under Instruments because the author
talked more about the latter.
These Proceedings are distinguished by their be-
ing already prefaced by a review. The editor
acknowledges the restriction to evaluation of facul-
ty by students. He notes that not much that is new
or earthshaking was said at the Conference. He was
surprised at the amount of redundancy among
papers, that even though five general headings were
specified speakers repeated each other.
The five topics were General, Impact, Systems,
Instruments, and Correlates of student ratings.
Reading the papers now, one would categorize
them as Overview (the Dressel paper), Evaluations
by Students and the "Big Picture," How we Do It
at University X, and Research on Student Ratings.
Of the papers on Impact and Systems, only Doyle's
deals in depth with more than a single outcome of
student ratings. All the papers on Instruments
report work conducted within single institutions,
limiting the generalization of any conclusions.
As mentioned, Dressel provides a lucid and
comprehensive overview of major issues involved in
the evaluation of instruction, from the complexity
and variety of teaching activities to be evaluated to
the relations among ratings and other sources of
relevant data. The treatment is brief but well done.
The editor regards this paper as pessimistic. Hard-
ly; Dressel simply manages to keep his perspective.
Optimism-Pessimism is not the issue.
Centra modestly cites only one of his own
studies on the effects of ratings. He has done many,
and his paper has a solid basis in research. He out-
lines how information gathered by ratings can be
used both positively and negatively to influence
professors, their teaching, and institutions. His con-
clusion is carefully qualified: "that a well-designed
student ratings program can do more to benefit
than to harm the academic community (p. 40)." No
such venture is either undertaken nor avoided
without risks.
Aleamoni follows up one of Centra's concerns,
effects on teaching. He does this through a detailed
description of the validation of a rating scale
developed at his own university. Little of a general
nature is said.
Doyle's paper complements Dressel's very well.
Several concepts are further elaborated, and the
paper concludes with several fascinating schematic
diagrams of an evaluation system. (The Senate
Committee on Learning and Development, Loyola
of Montreal, chaired by Professor Ron Smith, is ac-
tually trying to use this model to develop an evalua-
tion system at Loyola.)
Tuckman tackles a thorny issue: even knowing
how to evaluate, how do you get the instructor to
do anything about it? He describes a strategy for
* I am grateful for the help of Professor Helen Gougeon, Department of
Educational Psychology and Sociology, McGill University, who attended the
Conference, prepared a set of very helpful notes on It for a Faculty workshop,
and read a draft of this article. I, of course, accept full responsibility for any
shortcomings of this review.
"providing teachers with the kind of information
about themselves on which change could be based
(p. 115)." Carefully chosen words, again — sort of
a gentle confrontation process.
Sockloff reviews guidelines and procedures for
the design and validation of rating items, and the
construction of valid questionnaires from these
items.
The papers by Hoyt, Warrington, and Perry and
Baumann are essentially case -studies. They are
useful in describing some of the trials and
tribulations actually experienced in trying to do
anything about instructional effectiveness.
McKeachie's very brief review makes the direct
point that such a wide variety of variables are or are
not related to ratings that broad generalizations are
impossible at this point. The interpretation of
ratings should not be done by persons unfamiliar
with the class. The .survey does shatter-some myths,
for example, that difficulty of a course is related to
ratings.
Gaff turned the process around. He identified
highly rated teachers then went out to discover
more about them. He poses a set of important
research questions on relations between instructor
and student learning in the face of ratings. He
forecasts an increase in instructional improvement
with the aid of teaching resource centres (of which
there are now several in Canada).
The final paper by Clarke and Blackburn
emphasizes the need to recognize the teacher as well
as the student as an individual (also one of
McKeachie's points). The paper could have said,
but did not, that a single measure of competence
applied in an undifferentiated manner is as un-
satisfactory as expecting a single examination
procedure to give every student the opportunity to
demonstrate what has been accomplished and how.
So, out of 262 pages of Proceedings, the papers
to read are by Dressel and by Doyle. Sockloff s
paper is also instructive, as far as it goes. The
remaining papers are interesting but not of much
practical help except as examples.
The problem with many of the papers is their
implied definition of "Faculty effectiveness as
measured by student" exclusively in terms of a
rating scale, a device sometimes known as an
opinionnaire. Is no more available from students
than retrospective opinions? If it is desirable to
know how much time students devote to a course,
would not a log kept over a period of time by
various students throughout the year be more
dependable than what they recall later? Would not
a stopwatch on teacher talk in conferences and a
count of participating students tell more about stu-
dent participation? There are questions in student
rating forms which are not taking advantage of the
best sources of the information they seek. They may
be reliable and carefully matched to this informa-
tion (criterion-referenced) but there are often better
sources.
The result would be shorter, simpler rating
forms, probing the information they serve best.
This includes, for example, student preferences,
'likes and dislikes, suggestions for improvements,
overall impressions.
Finally, in this same content, there is a bit of
irony in the Conference's attempt to cope with the
complexity of the teaching evaluation question. The
organizers set out to limit the content to those areas
about which most is known. The Preface states that
this was done to enable reports to be based on
research rather than speculation. This also dictated
the limitation to ratings by students of the teacher's
work. Anyone relatively unfamiliar with the general
field of evaluation should not, however, confuse
Continued on p. 26
Rapport du comité pour l'élude de la politique salariale du personnel enseignant
de l'université Laval.
This report, also known as "Rapport Masson"
was first published by FAPUQ, and then, in Forum
Universitaire, no. 12 (octobre 1973) by l'association
des professeurs de l'université Laval. The Com-
mittee was established by the Conseil de l'université
and was constituted of two members nominated by
the Executive of APUL, Prof. Bertrand Belzile and
André Côté (secretary of the committee), and of
two members nominated by the Executive of the
university, Prof. André Dufour and Rodrigue
Savoie; its chairman was a member of the university
administration commission Prof. Claude Masson,
who was nominated by the rector with the consent
of the president of the APUL. The Committee was
rather special in that it was not a negotiating but a
research committee with the task of clarifying
relations dealing with salary negotiations between
the university and the faculty.
After a review of the present situation, the com-
mittee established some basic principles. A salary
policy, it said, is nothing but a mean to be used by
a certain kind of organization which wants to attain
certains goals. In all organizations, which by defini-
tion are wholes with different functions pertaining
to the parts, the realization of common goals
depends on how much individuals and groups iden-
tify themselves to the whole. This identification im-
plies that these parts participate in the definition of
the goals, in the assignment of tasks, and in the
evaluation of the results. It also implies that these
parts appreciate and accept the criteria used for the
evaluation of the efficiency of individuals and
groups within the organization. This, the com-
mittee feels is particularly true of a university
which, by definition, is a non-profit organization.
Thus, the Committee recommends, first of all, that
the University establishes: (1) a hiring policy with
clear criteria known to everyone, and equally
applied to each one, in order to evaluate the
equivalence of doctorship in each area of teaching
and research; (2) a promotion policy with clear
criteria, known to everyone, and equally applied to
all, for the passage from one rank to the other; and (3)
an evaluation mechanism with clear criteria, known to
everyone, and equally applied to all, in order to
evaluate the individual merit of each teacher. To this
first recommendation, the committee adds that, for
better efficiency, all these criteria should be established
and applied collegially. One may note that this
proposal comes as a leitmotif through the whole
report.
The Committee did not look only into salary
policy as such, but also into non-monetary con-
ditions. For instance, it distinguished between the
protection, the security, and the tenure of
employment. Protection, which should be given to
all teachers, is assured by a quasi-judiciary system
which gives the opportunity to the teacher to be in-
formed of the accusations and to be able to defend
himself before an impartial judge. Security, which
should be given to teachers having finished an in-
itial probation period, is assured by a policy of im-
provement and retraining which allows the re-
assignment of the teacher inside the university, or
outside, provided there are some agreements.
Tenure, which should be given to all associate
professors, is a privilege covering academic
freedom.
The Committee did look into all monetary con-
ditions. First, it made an overview of fringe
benefits. Second, it analyzed special stipends related
to supplementary workload, or to supplementary
responsibility. In order to do so, the Committee
extended on the concept of normal workload, and
on the managing of administrative tasks. And third,
the Committee studied the basic salary policy, with
all its factors of differentiation: experience,
qualifications, rank, profession, personal prestige,
merit, sex. G.F.
CAUT Bulletin ACPU September/Septembre 1974 — page 25
Teaching : keeping jobs by doing them
Basic Study Manual : Compiled from the Works of L. Ron Hubbard. Los
Angeles: Applied Scholastics, 1972. Pp. 128. $6.00.
Since what I am going to be talking about here
is information which has proven extremely useful to
my continued survival as a teacher, it seems worth
noting that during a recent annual review of the last
half dozen CAUT Bulletins I observed, really for
the first time, that I belong to an association of uni-
versity teachers (pace my francophone colleagues
in the association "des professeurs"). The choice of
this particular professional designation is in-
teresting in the light of that perennial controversy
as to whether an academic professes or teaches his
subject. Presumably, there will be jobs for
professors so long as their subjects exist and main-
tain validity in the surrounding culture (though
there may still be individuals who "profess"
alchemy, none that I know of are on university
payrolls); jobs for teachers, on the other hand, de-
pend not only on the existence of a subject to be
taught but also upon the availability of students
willing to learn it.
Among those of us who consider both of these
activities a part of our professional responsibility,
there is a strong consensus that our pre-
professional training lacks balance. Graduate work
certainly gave me an adequate start in the direction
of professing English literature; in the area of
teaching, however, my training was limited to
strong advice that it would be foolhardy to let any
duties as a teaching assistant get in the way of
course or thesis work.
When I took a job six years ago, there were
students in abundance and one could afford to
learn about teaching through trial and error.
Today, when the enrollment situation is much
more critical — in entire faculties as well as in-
dividual courses, and in the humanities and sciences
alike — one cannot afford such a leisurely (and
perhaps irresponsible) attitude, the demand for
effective teaching is considerable more urgent.
God knows the answer is not courses in
classroom presence and instructional methodology.
High schools, where teachers are trained in these
areas, are experiencing the same difficulties as the
universities, modified only by the fact that atten-
dance is compulsory to age sixteen.
What then is behind the syndrome of less of stu-
dent interest followed, soon or late, by loss cf
students? We are all familiar with the usual range of
explanations: socio-economic pressures, lack of
curricular "relevancy," inadequate preparation in
elementary and high schools, alienation, apathy,
drugs, etc., etc. No doubt there is some truth in ail
of these. The Basic Study Manual, however, says
simply that "the only reason a person gives up a
study or becomes confused or unable to learn is
that he or she has gone past a word or symbol that
was not understood." Although this sounds almost
simple-minded alongside the usual explanations for
student disinterest and drop-out, it does have the
advantage of pointing to a cause that one can hope
to do something about.
According to Hubbard's theory, certain definite
and easily recognizable reactions occur when a stu-
dent continues studying past a word or symbol (as
in mathematics) which has not been fully com-
prehended. The first symptom is a memory blank
obscuring the material being studied just after the
misunderstood word. If the student stops, locates
the misunderstood word, and gets it defined in a
proper dictionary or technical glossary, this symp-
tom will vanish. If, however, he attempts to persist
through or around the memory blank in spite of the
undefined term, then he may begin to yawn and feel
tired. Continued persistence increases the
likelihood of accumulating still more mis-
understood words or symbols and results eventual-
ly in an upset of some sort — with the subject, the
teacher, the school, the "system," or whatever.
Ultimately, such a student will abandon the subject
of study altogether; or, where this is impossible, he
will resign himself to the situation and fake com-
prehension, producing a condition of "glibness" in
which the student can parrot back answers and
write exams but does not really understand the
materials and is totally incapable of applying them.
A key point here is that the difficulty is almost
never what the student thinks it is, and it is never a
misunderstood idea. It is always a word (or sym-
bol). If the student is particularly confused, there
are probably several of these. An instructor can
explain the idea of reciprocal trade agreements, or
the pathetic fallacy, or binomial equations very
patiently and clearly, and the student will still be
confused. If, on the other hand, he locates the m
understood word (or words), indicates that as ti s
source of difficulty, and gets it defined, then the
noncomprehension will be found to have magically
vanished.
The test of any theory is in its workability. Early
this past year I had two students who were having
difficulty with Elizabethan drama; one was on the
verge of switching to another course. In each case I
had the student re-read the first scene of a play
taken early in the course (Hamlet and The
Alchemist), looking up in a good dictionary or
glossary every word whose meaning she felt the
slightest doubt about. I then spot checked them on
words from the passage assigned, found that they
now understood and felt good about it, and simply
let them get on with their work. Both students com-
pleted their courses, one of them with a well-earned
A.
The Basic Study Manual is designed by its
editors as the text for a how-to-study course, aimed
at re-educating «tudents out of ingrained but in-
effective study habits. It covers, therefore, other
problems besides the terminological one. Emphasis
is given to the importance of a proper gradient of
study, which neither slows a student down nor
rushes him past an area of the subject he has not yet
mastered. Obviously one of our difficulties is having
to take a whole class of students through a body of
material at roughly the same pace. Perhaps the idea
of "modular courses," such as have apparently
been tried cut with considerable success at McGill
in recent years, is the answer to this problem.
Another fundamental point made by the Manual is
that studying the significances (ideas, relations,
meanings) of a subject in the absence of the mass
(actual physical things) to which it refers can be
very hard on a student. Many university subjects
are notorious for their tendency toward theory and
abstraction. This book makes a number of
suggestions for redressing that imbalance. Pictures,
diagrams, and the like can be more helpful than
many of us are inclined to think. In my own drama
courses I often find it useful to work out the relative
position and movement of characters by shifting
coffee cups or ashtrays around on a "stage" (i.e., a
table or desk).
Doubtless a how-to-study course of the sort
outlined in the Basic Study Manual would not be a
bad idea for many of our students. In the absence of
ach a course, however, I myself have found the
Manual a superior substitute for pedagogical train-
ing and an invaluable complement to inventiveness
and expertise in the classroom. In particular, the
technique of locating and clearing up mis-
understood words is the only consistently workable
method I know of for rekindling student interest
and reducing the gradual, month-by-month attri-
tion of course enrollments which I had once con-
sidered an inevitable fact of university life.
A survey which I conducted recently of
specialized honours students in English revealed
that what more than half of the respondents liked
least about their course of studies was the quality of
teaching. This was curious, because what many of
these same students liked most was their professors.
The general impression I got from reading over
these surveys was that, while the majority of
students were fairly well satisfied with things, they
also felt that they could be learning more. This ac-
cords with my own opinion that as professors we do
well enough, but that there is room for improve-
ment in our role as teachers. The Basic Study
Manual, with its emphasis on getting the ter-
minology of the subject (and of the English language
itself) clearly defined, has helped me improve my
performance in this latter area. I think it might dc
the same for others.
Bruce Flatter}
EVALUATION... from p. 15
the causes and effects here. The reason for the bulk
of research on teaching evaluation having been
done on student ratings is not that they are the ul-
timate solution. They are a part of the evaluation
solution, certainly, but only a part. The important
point is that very little besides student ratings is
done anywhere, so what else is there to include in
formal research? The irony is that it proved
impossible for most contributors to stay within the
limits. The best parts of the report go far beyond.
The Proceedings do fill an important need. The
readily accessible, non-technical literature on
teaching evaluation is small. None of it is com-
prehensive. These papers are high-level in content
yet easy to read. They are remarkably free of minor
editorial blunders, and do constitute an excellent
"primer" in the area. They also reflect quite well
what actually occurred at the Conference.
Bruce M. Shore
NOTE:
CAUT and members of McGill University's Centre for
Learning and Development are cooperating in the writing
and editing of a comprehensive book on the evaluation of
instruction in higher education. Publication is expected
late in 1974.
ABOUT OUR REVIEWERS... Georges
Frappier is on the CAUT staff in Ottawa . . . Donald
C. Savage is the Executive Secretary of the
CAUT. .. Professor Bruce M. Shore is Chairman of
the CAUT Teaching Effectiveness Subcommitee
and is Associate Professor of Education at McGill
University . . . James B. Hartman is a Philosopher at
Scarborough College... Professor Bruce Flattery
teaches English at York University... Professeur
Louis Gill est membre du Syndicat des Professeurs
de l'Université du Québec à Montréal (SPUQ —
CSN)... and Joseph Rose is Assistant Professor of
Business Administration at the University of New
Brunswick in Fredericton.
Page 26 — CAUT Bulletin ACPU September/Septembre 1974
Biggies 1 Flies Undone
(A CBC Production)
Disc: Spirited music (inevitably Telemann) a few
bars and fading to: (studio)
Announcer: Aujourd'hui,2 scholars and gentle
persons, this is Cider McPommez3 greeting you
from Ottawa. Today the CBC takes a hard-look-
at-the thrillingly challenging question of Collective
Bargaining and the felt need at-this-time to get
committed university faculties certified. Previously
we have heard stirring news from the West, but
now there comes to us intelligence of a new
insurrection in the Maritime Provinces, otherwise
known as Halifax. We recently visited [with] an
uncertain Professor who is alledgedly working
there without either a Ph.D. or Canadian
Citizenship. He is also, lamentably, an
Anglophone. What he has to say should be shaken
vigourously and taken with a dose of salts — Over
to Doulton Gnash.5
Gnash: [Clad in academic attire : jeans, sweatshirt
and sneakers, stands before ivy-clad walls of
ecclesiastical Gothic] .
Behind the imposing and serene walls of this edifice
of learning, which was built as long ago as 1954, the
faculty are up in arms or down in the mouth as the
case may be in the trows sic of Negotiation,
Casualties have been light — each side claiming
victory. I spoke here to Prof. Carruthers, who
spells his name differently, who is a former
President of the Faculty Association,6 a ShilF and
trouble shooter [maker] and who recently returned
from a CBC meeting in Ottawa. He is an English
teacher and Bored member. He also spells badly
and speaks with a pained expression and
unfamiliar accent:
Carr: I have been victimised
Gnash : You have? Who by?
Carr: By whom?
1 A great Hero, allegedly created by Capt. W.E.
Johns, has flown fighting missions North, South, East and
West. In fact he is a Biochemist at Memorial (N.F.L.) and
a collective bargain at twice his pension.
2 Hello
3 French Chic, secretary to Biggies' Collective
Bargaining Committee
4 Collective Bargaining Committee (Chairman, Biggies)
5 A China clipper
0 a masochist
7 See 'The Sting'
Gnash: Alright, by whom?
Carr: By the C.B.C.
Gnash: Which one?
Carr: Both as it happens, but I refer in this
instance to the CBC of the CAUT.
Gnash: I.C.
Carr: I doubt it, for I didn't know what had
happened until I thought about it.
Gnash : Tell us what happened
Carr: No, I'm shy
Gnash: Oh, come on.
Carr : Well alright then. Firstly I was invited as a
guest to the CBC committee meeting. Secondly I
was lulled into inattention by a liturgical rendering
of the minutes of previous meetings. Thirdly,
having been surprised into a short nap, I was
handed an assignment.
Gnash : And what is that?
Carr : A sort of essay — we used to give them to our
students before Sociology became the rage.
Gnash : And this Assignment or Essay, what is the
title?
Carr : It is indelibly printed on my memory. Let me
read it to you. [He rustles a large piece of paper
from his pocket] It says - er Y.C.A.U.T.?8 1 do not
understand it.
Gnash : ' ( with a threatening smile) Neither do I. But
tell us Professor Crowdis — why do you feel
victimised?
Carr : Because I feel that the procedure for handing
out the Assignment was not fair and equitable, just
or proper. It kind of snuck up onto me. 10
Gnash: You mean ?
Carr : I mean it may be grievable
Gnash: Do you think it might go to Arbitration?
Carr: Quite possibly. It's a clear example of the
forced no-choice finesse and you have to keep an
eye open for it not to work. " I didn't and so I have
to.12
Gnash : Thank you, Professor Crutters for revealing
yourself in such a manly way...
Carr : Just a moment, ... I ...
Gnash : We pause now to listen to these
comfortable words.
Biz: [Two paws extract Gnash from the scene,
Carrothers fades — he is excluded. A cartoon wolf
appears in close-up and licks his lips].
Cross fade: Scene: World War II fighter planes in
conflict
Sound : / j Planes diving and firing
2) Disc: Beethoven's Battle Symphony.
' Member of a Union most powerful in the CBC.
The CBC
10 An interesting Regional expression.
11 How many types of ambiguity are present in this
sentence
CAUT Bulletin ACPU September/ Septembre 1974 — page 27
D. Savage*, wearing pilot's helmet and goggles
(raised) delivers in close-up the following message:
Ginger+ : "Chaps! If you want to publish without
perishing, if you want to survive the slings and
arrows of outrageous13 colleagues and e'en the
Dean that fiyeth by night. Draw night unto CAUT
and take this Handbook14 to thy comfort.
Biz: Disc fade
So shall Academic Freedom whiten thy words in
Public and Tenure shall render thy laundry like un-
to the driven snow, [fade]
Sound: Organ: — A loud Amen.
Announcer: To unfold our tale we beg, for the
nonce, to discard that crystalline and urbane
precision of statement so characteristic of CAUT
and Statistics Canada and to warn with pregnant
verse —
Carr: How that the Big Bad Wolf (LUPE)'5 did
approach unto the portals of Academe with these
stern imperatives:
Pix : Disney Wolf
Voice : "Open the door and let me in or, (by
the hairs of Ho Chi Minh)16 I'll huff and I'll
puff and I'll blow your house down."17
Biz: Cut to: —
Carr: Some, within the ivory towers heeded him
not, some forsooth, said they were prepared to
consider BOTH18 sides of the argument — given
reasonable notice, while others, wrapping their
wretchedness in a riding hood stole redly to his
bed, praising him and saying:
Pix : Disney Wolf abed dressed as old Lady
Chorus: Oh Granny! what big Ears" you've
got
(The better to hear you with my dear)20
Oh Granny! what big Eyes21 you've got
(The better to see you with my dear)22
Oh CUPE (oops!) Granny! what big
Teeth23
you've got
(The better to 24 [X fade]
Sound: Trumpet — a flourish without
Carr : But anon ! There rode into the field amain
Sir Biggies and his flying Circus, bearing the
banner of the good Saint Cautious25 and with him
Archie26 Duke of A.F.&T. and also one of the
Blest Paire of Sirens27 and all the host of Standing
Committees.28
Sound : Armed conflict
Carr (cont): And they rose up and smote that
LUPE right sorely. With many smarts they
wrought upon his constitution so that he was
grievously stricken, nigh unto Death. Whereat this
LUPE spread forth his dragon's wings29 and sped
him away.
*
Biggies: It was a close call. But sheath that savage
sword.
Ginger : Nay let it sleep in my hand, for I know not
but some other enemy may be at hand.30
Archie : He fled before us.
Biggies : Don't worry, it wasn't our turn.
Music: Theme tune of Monty Python's Flying
Circus.
Announcer : That was the first in a series of CBC
productions entitled YCAUT. If it is not libelous it
is probably grievable and certainly
incomprehensible. It does not answer the question.
Next week, however, we bring you the Invasion of
Fredericton, or the first act of Faust. 31 But now
this is Cider McPommez speaking to you in French
and saying: — Aujourd'hui.32
12 Or in this one. Do not attempt 11 and 12
simultaneously
13 Hamlet: A Shakespearean dish made with ham
and eggs.
* Executive Secretary, CAUT
+ See Savage
14 A CAUT publication, price $5.00 (N.B.)
15 Italian Wolf given to Organization or, Labour
Union of Professional Employees.
16 Oriental Santa
Force de Frappe
Obscure, Perhaps CAUT vs LUPE?
Research and Intelligence (-more of the former)
Especially from afar
Vigilance in the Public Interest
So that you don't get out of line
For putting the bite on Provincial Monies
ACPU (66 Lisgar St. Ottawa Telephone 613
Malloch and friend of Biggies
Paul, Exec. Sec. ACTRA, friend of Ginger (007)
Legion
29 Dragon's wings?
30 Fid. Def.
31 Fac. Assoc. University of St. Thomas
32 Good bye.
The above text is protected by Copyright and the author
by Academic Freedom and (presently) Tenure. The Editor
however
VACANCIES
POSTES VACANTS
ADMINISTRATION
ACADIA UNIVERSITY. Department of
Chemistry. Applications are invited for
the Headship of the Department of
Chemistry. Preference will be given to
applicants holding a Ph. D. with
experience in teaching, research, and
administration. Duties will include the
administration of the department, with
some teaching and research. Salary in
keeping with qualifications and
experience. Applicants should apply to
Dr. E. C. Smith, Vice-President-
Academic, Acadia University, Wolfville,
N.S. BOP 1X0.
BISHOP'S UNIVERSITY. Dean of the
Faculty. Applications are invited for the
position of Dean of the Faculty.
Appropriate qualifications in Arts or in
Science. Salary according to credentials
and experience. Address applications to
The Chairman, Committee of Selection,
c/o Office of" the Principal, Bishop's
University, Lennoxville, Quebec.
Appointment from July 1, 1975. Closing
date for receipt of applications: December
9, 1974.
UNIVERSITY OF GUELPH.
Department of Mathematics and Statistics.
Applications are invited for the position
of Chairman of the Department.
Candidates should have an established
research record in mathematics or
statistics and university experience. Duties
include administrative responsibility for
the Department, and participation in and
encouragement of teaching and research
programs. Salary negotiable. Enquiries or
applications with a full curriculum vitae
and the names of three referees to Dean E.
B. MacNaughton, College of Physical
Science, University of Guelph, Guelph,
Ontario, Canada NIG 2W1, by
November 15, 1974.
UNIVERSITY OF REGINA. Faculty of
Science. Applications are invited for the
position of Dean of Science to administer
and provide leadership to the newly-
established Faculty of Science. This is a
senior administrative post and applicants
should have an established reputation in
research and scholarly work and
successful administrative experience. The
salary is open to negotiation. The new
faculty offers 3-years and 4-years (Honours)
undergraduate programs in Biology,
Chemistry, Computer Science, Geological
Science, Mathematics and Physics and
Astronomy. In addition, five departments
offer M. Sc. programs and four offer Ph.D.
programs. Applications will be
received in confidence by the search
committee until November 1, 1974. Please
contact Mr. D. T. Lowery, University
Secretary, University of Regina, Regina,
Saskatchewan, S4S 0A2.
APPLIED MATHEMATICS
UNIVERSITY OF WATERLOO.
Department of Applied Mathematics.
Applications are invited from candidates
qualified for a position at the Assistant or
Associate Professor level with research
interests in the area of Partial Differential
Equations. Candidates will be expected to
have at least three years post Ph.D.
experience and a background in applied
mathematics. The lecturing load is not
heavy but considerable emphasis will be
placed on teaching ability. Present
minimum salary for Assistant Professors
is $13.100 and for Associate Professors is
$17,000. Closing date for applications
November 30, 1974. Starting date to be
arranged but not later than July 1, 1975.
Send curriculum vitae, details of research
and teaching experience and names of
three referees to Dr. D. G. Wertheim,
Chairman, Department of Applied
Mathematics, University of Waterloo,
Waterloo, Ontario, Canada N2L 3G1.
BIOMEDICAL SCIENCES
UNIVERSITY OF GUELPH.
Department of Biomedical Sciences.
Applications are invited for a position as
Assistant or Associate Professor in
Biomedical Sciences with emphasis in
veterinary anatomy. Post includes
teaching aspects of animal anatomy in
lectures and laboratory exercises to
students in Veterinary Medicine,
Biological Science and Animal Science at
the undergraduate and graduate levels.
The position requires an advanced
degree in anatomy and preferably
teaching experience. Candidates with
professional qualifications in Veterinary
Medicine are invited to apply. A research
interest in dynamic or functional anatomy
as it applies to animal disease is desired.
Applicants should submit a curriculum
vitae and the names of three references as
soon as possible to: Dr. G.' Downie,
Professor and Chairman, Department of
Biomedical Sciences, Ontario Veterinary
College, University of Guelph, Guelph,
Ontario, Canada. NIG 2W1
BUSINESS ADMINISTRATION
UNIVERSITY OF NEW
BRUNSWICK. Department of Business
Administration. Applications are invited
for undergraduate teaching positions as
follows: accounting, finance management,
marketing, policy, quantitative methods.
Qualifications required are Ph.D., Ph.D.
candidate or equivalent. Duties include
undergraduate teaching and research. The
rank and salary are based on the can-
didates qualifications and experience. Ap-
pointments effective July 1, 1975. Chair-
man, Department of Business Ad-
ministration, University of New
Brunswick, Fredericton, N.B. E3B 5A3.
CHILD GUIDANCE
UNIVERSITY OF SASKATCHEWAN.
Institute of Child Guidance and
Development. Applications are invited for
a position ,as Lecturer or Assistant
Professor. Preference will be given to a
candidate who holds a Ph.D. or
equivalent, who has competencies in at
least one of the following areas: Early
Childhood Education: Psycho-
educational diagnosis; Prescriptive
teaching; Emotional disturbance; Speech
pathology; Education of Exceptional
Children in regular class. Salaries (1974-
75): Lecturer — $10,149 to $12.489.
Assistant Professor— $12,924 to $16,800.
Send curriculum vitae to Dr. John
McLeod, Director, Institute of Child
Guidance and Development, University
of Saskatchewan, Saskatoon, Canada,
S7N 0W0.
UNIVERSITY OF SASKATCHEWAN.
Fellowships. Institute of Child Guidance
and Development. July 1975. For Ph.D.
or M.Ed. Preferably with research
interests in delivery of special educational
services in rural areas. $3500 plus $1000
summer supplement. Apply to Dr. John
McLeod, Director, Institute of Child
Guidance and Development, University
of Saskatchewan, Saskatoon,
Saskatchewan, S7N 0W0.
Page 28 — CAUT Bulletin ACPU September/ Septembre 1974
CIVIL ENGINEERING
UNIVERSITY OF ALBERTA.
Department of Civil Engineering.
Applications are invited to fill a vacancy
in the general area of hydraulics and water
resources. The successful applicant will be
expected to work at both the
undergraduate and graduate levels in his
area of specialization and to assist at the
undergraduate level in other areas of civil
engineering. A Ph.D. and some
engineering experience are desirable.
Salary and rank will depend upon
qualifications. Appointment date:
January I. 1975. Applications, including
curriculum vitae, transcripts, details of
experience, and names of referees, should
be submitted to — Chairman, Department
of Civil Engineering, The University of
Alberta, Edmonton, Alberta, Canada
T6G 2G7.
CROP SCIENCE
UNIVERSITY OF GUELPH.
Department of Crop Science. Applications
are invited for assistant or associate
professor (plant breeding). Qualifications: •
Must have a Ph.D. or equivalent.
Responsibilities: Graduate and
undergraduate teaching; research in
forage crop breeding methodology.
Salary: the minimum for an Assistant
Professor — $13,500.00 Applications
should be directed to Dr. E. E. Gamble,
Chairman, Department of Crop Science,
University of Guelph, Guelph, Ontario,
NIG 2W1. The position is available for
October 1, 1974 and applications will be
accepted until the position is filled.
ECONOMICS
UNIVERSITY OF ALBERTA. Depart-
ment of Economics. Applications are in-
vited for two positions commencing July
I, 1975, or January 1, 1975 if desired.
Those specializing in one or more of
energy economics, regional economics,
urban economics, resource economics,
public finance, industrial organization, or
economic theory are invited to apply.
Applicants should be prepared to teach at
either the graduate or undergraduate
levels. Rank and salary negotiable, but
Ph.D. required. Applications addressed
to Dr. Bruce Wilkinson, Chairman,
Department of Economics, University of
Alberta, Edmonton, Alberta, T6G 2H4
ENVIRONMENTAL BIOLOGY
UNIVERSITY OF GUELPH. Depart-
ment of Environmental Biology.
Applications are invited for a position in
forestry. The position will have the
following responsibilities. Teaching: To
THE UNIVERSITY OF CALGARY
DEAN. FACULTY
OF-
ENGINEERING
Applications are invited for the position
of Dean, Faculty of Engineering. The
University of Calgary. Calgary. Alberts
The Faculty of Engineering is an ' es-
tablished una within The University of
Calgary The Engineering Faculty ad-
ministers regular four year programs
leading to the B Sc degree m Chemical
Civil. Electrical and Mechanical
Engineering In addition, graduate work
leading to the M Se M Eng and Ph D
degrees are offered by the Faculty of
Engineering under the administration of
the Faculty of Graduate Studies At the
present time there are sixty-three full-
time faculty members 631 un-
dergraduate students and ninety
graduate students m the program
Candidates for this position should have
a doctorate in Engineering and have a
distinguished academic record with
proven experience in university
teaching research and administration
Salary is negotiable
Applications including a resume should
be sent to ^he President s Office
The University of Calgary
2920 24th Avenue N W
CALGARY Alberta T2N 1N4
mi univirsitv
offer a course in Forestry and Conserva-
tion to students in the Diploma in
Agriculture Program. To offer to degree
students a course in Forestry with
emphasis on multiple use and the role of
the forest as a natural resource. Research :
To develop a research program in forestry
or a related area. Interest in forest protec-
tion desirable. Qualifications: Graduation
from a recognized College of Forestry and
advanced study to the Ph.D. Accredited
as a Professional Forester. Appointment
will be at the Assistant or Associate
Professor level. Closing date for applica-
tion October 15, 1974. Position to be filled
by January 1, 1975. Apply: Professor F.
L. McEwen, , Chairman, Department of
Environmental Biology, University of
Guelph, Ontario NIG 2W1.
GEOGRAPHY
UNIVERSITY OF WINDSOR. Depart-
ment of Geography. Applications are in-
vited for temporary, visiting appointment
during academic year 1974-75. Position
suitable for recent Ph.D. or one nearing
completion of degree — or senior scholar
on leave wishing to supplement salary.
Duties in statistical geography area. Ap-
proximate remuneration $4000. Length of
appointment and terms negotiable. Apply
by September 30, 1974 to Dr. F. C. Innes,
Chairman, Department of Geography,
University of Windsor, Windsor, Ontario
N9B 3P4.
HEALTH SCIENCE
CENTENNIAL COLLEGE OF
APPLIED, ARTS AND TECH-
NOLQGY. Health Sciences Divi-
sion, Applications are invited for the
position of Chairman responsible to the
Dean of Health Sciences Division for the
effective operation and growth of
programs and courses in nursing
education at the Scarborough Regional
Campus. Applicant must be a Registered
Nurse, possess an undergraduate degree
and have a minimum of five years of
successful professional experience.
Preferably a minimum of two years
administrative responsibility in Education
and/ or Service. Salary commensurate
with qualifications. Apply to: Executive
Vice-President, Academic c/o Personnel
Services, 651 Warden "Avenue,
Scarborough, Ontario. Applications
considered until September 15th, 1974.
MUSIC
UNIVERSITY OF ALBERTA. Associate
Professorship in Piano. Applications are
invited for an Associate Professorship in
Piano. Duties will include the teaching of
piano at undergraduate and graduate
levels, some possible supervision of
graduate research and some teaching iq
related areas (literature and pedagogy,
history and theory). Doctorate in
performance or equivalent is required,
together with considerable teaching and
performing experience. Salary floor,
$17,661 (1974-75). Appointment is to be
effective July 1st, 1975. Applications will
be received until position is filled by Dr.
R. A. Strangeland, Chairman,
Department of Music, University of
Alberta, Edmonton, Alberta.
PHARMACOLOGY
UNIVERSITY OF BRITISH
COLUMBIA. Department of Phar-
macology Two assistant or associate
professors to be appointed by July 1st
1975; (a) one pharmacologist, Ph.D. or
and/or MD; (b) one clinical phar-
macologist, MD and Ph.D. or equivalent
plus speciality qualifications. Salary to be
negotiated. Duties include teaching and
research. Applications including
curriculum vitae and the names of three
referees to be sent to Dr. M. C. Sutter,
Head, Department of Pharmacology,
University of British Columbia, Van-
couver, B.C., Canada, V6T 1W5, by
December 1, 1974. An Equal Opportunity
Employer, M/F.
THE BOARD OF GOVERNORS
OF
THE UNIVERSITY OF SASKATCHEWAN
invites nominations and applications for the position of
PRESIDENT
The appointment, which will be effective no later than July 1, 1975, is
for an initial term renewable by mutual agreement.
The President has general responsibility for the operations of the
University including its academic programs and financial affairs, and has
such other powers and duties as are assigned to him under the new University
Act by the Board. Salary and other benefits are negotiable.
The University of Saskatchewan is a publicly funded institution
established in 1907. Full-time student enrolment in the 1973-74 academic
term was 9,306. It offers a full range of curricula both academic and
professional.
Applications should be accompanied by a detailed curriculum vita and
the names of several referees. Letters of nomination should include
biographical details of the nominee. Applications, nominations and enquiries
should be directed to :
Mr. D. E. Gauley, Q.C., Chairman
Board of Governors
University of Saskatchewan
P.O. Box 638
Saskatoon, Sask.
Lakehead IB University
LAKEHEAD UNIVERSITY
THUNDER BAY, ONTARIO, CANADA
Nutrition and Food Science
Applications invited for position, rank open, in Nutrition and Food
Science; PhD or equivalent, with concentration in community nutrition
preferred — to teach undergraduate courses, conduct research and assist in
curriculum development.
Salary commensurate with experience and rank. 1974 floors: Professor
$21,630; Associate Professor $17,235; Assistant Professor $13,865.
Send curriculum vits and names of three referees to:
Mr. Donald E. Ayre
Secretary of the University
Lakehead University
THUNDER BAY, Ontario
P7B 5E1
CAUT Bulletin ACPU September Septembre 1974 — page 29
PSYCHOLOGY
UNIVERSITY OF GUELPH.
Department of Psychology. One
appointment at the rank of Assistant
Professor available January, 1975.
Candidates should have special interests
in cognitive processes/information
processing. Ph.D. necessary, some
teaching experience preferred. Salary floor
$13,500. Vita, names of three references,
copies of recent publications, if any,
should be sent to: Dr. E. C. Dalrymple-
Alford, Appointments Officer,
Department of Psychology, University of
Guelph, Guelph, Ontario, NIG 2W1.
PHYSICAL EDUCATION
UNIVERSITY OF NEW
BRUNSWICK. Division of Physical
Education. Applications are invited for the
position of Chairman of the Division of
Physical Education. Candidates should
have a strong interest in the development
of teacher education, including outdoor
education and recreation. Main respon-
sibility is in continuing the development
and administration of an innovative
Physical Education program. The posi-
tion will involve teaching responsibilities.
This" is a senior appointment (professorial
base $20,700) which will be made as soon
as possible after September 1, 1974. For
further inquiries, please contact D. A.
Maclver, Dean of Education, University
of New Brunswick, Fredericton, N.B.
Canada.
ELECTRICAL ENGINEERING
UNIVERSITY OF TORONTO. Depart-
ment of Electrical Engineering.
Applications are invited for position of
Assistant or Associate Professor.
Required by July 1975 or preferably
earlier. The position will involve un-
dergraduate teaching in the area of elec-
tronic circuits, graduate teaching and
supervision of graduate work and research
in the general area of electronic circuits
with particular emphasis on one or more
of: computer-aided design, instrumen-
tation, communication circuits, high-
frequency circuits, digital filters, in-
tegrated circuits. Applicants should hold a
doctorate in an appropriate area. In-
dustrial experience will be considered an
asset. The salary level is commensurate
with qualifications. Applications with
curriculum vitae should be addressed to:
Professor G. R. Slemon, Chairman,
Department of Electrical Engineering,
University of Toronto, Toronto, Ontario,
M5S 14A.
UNIVERSITY OF TORONTO. Depart-
ment of Electrical Engineering.
Applications are invited for the position
of Assistant or Associate Professor
required not later than July 1, 1975 with
an early appointment in January 1975 or
the Fall of 1974 being a possibility. The
position will involve undergraduate and
graduate teaching, and research. Supervi-
sion of graduate work and research will be
mainly in the area of control or systems
engineering with emphasis on the inter-
face of this specialty area with other
specialists within the Department, the
faculty and the University. An emphasis
on identification and estimation
techniques is desirable. A preference will
be given to candidates with doctorate
degrees who have had engineering
experience. Applications with curriculum
vitae should be addressed to: Professor G.
R. Slemon, Chairman, Department of
Electrical Engineering, University of
Toronto, Ontario, M5S 1A4.
LATE ADS
ADMINISTRATION
UNIVERSITY OF NEW
BRUNSWICK. Department of
Anthropology. Applications are invited for
the position of Chairman for a five
member Department of Anthropology,
now established as a separate department.
Candidates should possess a doctorate
or its equivalent in any appropriate field.
Strong interest in research and teaching
essential; prior administrative experience
desirable. Application deadline December
1, 1974 or until suitable candidate ap-
pointed. Appointment effective July 1,
1975. Rank and salary dependent upon
qualifications. Write to. Dr. T. J. Condon,
Dean of Arts, Tilley Hall, University of
New Brunswick, Fredericton, N.B.
EDUCATION
UNIVERSITY OF SASKATCHEWAN.
Faculty of Education. Applications are in-
vited for the position of Assistant or
Associate Professor in the field of
philosophy of education. Qualifications
required: Doctorate in philosophy of
philosophy of education; sociology or
sociology of education at the Master's
level desirable. Duties include teaching
undergraduate and graduate classes and
research. Salary and rank negotiable ac-
cording to qualifications and experience.
Applications should be addressed to Dean
W. N. Toombs, Faculty of Education,
THE UNIVERSITY OF CALGARY
CALGARY
COMPUTER SYSTEMS
DESIGNER/PROGRAMMER
The, Faculty of Environmental Design invites applications for
the position of computer systems designer/programmer.
Duties will include development of graphics systems,
primarily, but not exclusively, for architectural applications,
as well as working with the Faculty computer applications
group to develop programmes for research and teaching and
teaching purposes. A background in systems design and
development (normally including assembler language
experience) is essential and computer graphics experience is
desirable.
The Faculty offers the Master of Environmental Design, with
graduate study options in Architecture, Environmental
Science and Urbanism. The Faculty is interdisciplinary in its
composition and academic and research purposes. It is
currently staffed with a broad, representative complement of
scientists, designers, social philosophers and members of the
legal, architectural and planning professions.
Salary will be from $12,500 to $15,000 depending on
qualifications.
This appointment will be made in 1974.
Apply in writing, including c.v. and expression of interests, to :
Dean W. T. Perks
Faculty of Environmental Design
The University of Calgary
Calgary, Alberta, Canada
T2N 1N4
University of Saskatchewan Regina Cam-
pus, Regina, Saskatchewan, S4S 0A2.
Effective date of appointment: July, 1975
and closing date for receipt of
applications: December 31, 1974.
ELEMENTARY EDUCATION
UNIVERSITY OF ALBERTA. Depart-
ment of Elementary Education. The
Department expects to have a position in
the field of Early Childhood Education
beginning in the academic year 1975-76.
This is a possible position depending on
tlniversity budgetary decisions. The
successful applicant would be appointed
effective July 1, 1975. Ph.D. required.
Successful experience in schools required.
The position entails undergraduate and or
graduate teaching, supervision of student
teaching, etc. The salary range in 1974-75
is: Assistant Professor $13,440— $17,61 1;
Associate Professor $17,661 —$23,416.
For 1975-76, the salary scale is under
negotiation. Applications, curriculum
vitae and the names of at least three
references should be sent to Dr. A.
MacKay, Chairman, Department of
Elementary Education, Faculty of
Education, University of Alberta, Ed-
monton, Alberta. Applications will be
received until the position is filled.
CARLETON UNIVERSITY
DEAN OF ENGINEERING
Applications are invited for the position of Dean of the Faculty of
Engineering, comprised of the departments of: Civil Engineering,
Mechanical and Aeronautical Engineering, Systems Engineering and
Electronics and Materials Engineering.
The successful candidate is expected to provide leadership in an
established faculty of approximately 620 undergraduate students, 180
graduate students and a teaching staff of 50.
In addition, Schools of Architecture and of Industrial Design report to the
Dean of Engineering.
Duties will commence on July 1, 1975 and salary will be negotiated.
The deadline for submission of applications is October 15, 1974.
Inquires, curriculum vitae, or references should be directed to:
DEAN OF ENGINEERING SELECTION
COMMITTEE
Room 607, Administration Building
Carleton University
Ottawa, Ontario
K1S 5B6
IHt UNIVfRSITY
un
OF CAIGAKY
UNIVERSITY OF WATERLOO
DEAN
FACULTY OF ENVIRONMENTAL STUDIES
The Faculty of Environmental Studies includes the
Department of Geography, the Department of Man-
Environment Studies, the School of Architecture and
the School of Urban and Regional Planning. The Dean
of the Faculty is expected to provide academic and ad-
ministrative leadership within the Faculty as well as con-
tribute to the overall effectiveness of the University as
one of the senior officers of the Institution.
Candidates will be considered who have a high level of
academic and/or professional achievement, proven ad-
ministrative competence and related experience in
Canada. The appointment will be as a faculty member in
the relevant discipline with rank, salary and other con-
ditions appropriate to that position; and to the
Deanship, with an additional annual stipend, for a term
of five years, renewable for a second three-year term.
The effective date of the appointment will be 1 July
1975. Closing date is 15 November 1974. Enquiries are
invited. Please address all correspondence to:
Chairman, Nominating Committee
for Dean of Environmental Studies,
Office of the Vice-President, Academic,
University of Waterloo,
200 University Avenue West,
WATERLOO, Ontario, Canada.
N2L 3G1
Page 30 — CAUT Bulletin ACPU September/Septembre 1974
L'ACPU, Pourquoi?
Pour protéger les droits de l'individu au sein de
l'université.
Depuis vingt ans, l'ACPU s'est occupée chaque
année de nombreuses plaintes de professeurs
relatives à leur contrat, à l'avancement, à la
permanence ou au renvoi. L'ACPU s'active
également auprès de chacune des université pour
obtenir la mise en place de procédures valables et
s'assurer qu'elles sont appliquées. L'ACPU et ses
filiales locales ont réussi dans une grande mesure à
remplacer le caprice individuel par des règles
çonstitutionelles pour la rédaction des contrats
universitaires.
Pour protéger les droits de l'individu vis-à-vis des
gouvernements.
L'ACPU est intervenue pour protéger les droifs de
ses membres à l'occasion de conflits avec le
ministère de l'Immigration, le service de sécurité de
la GRC, les départements employant des
professeurs détachés, et ainsi de suite. L'ACPU
s'est activement préoccupée du respect de la vie
privée.
Pour représenter ses membres à tous les niveaux de
gouvernement.
En 1973-1974, l'ACPU a eu l'occasion de:
• intervenir auprès des gouvernements fédéral et
provinciaux pour les mettre en garde contre des
projets de restructuration des organismes
fédéraux de subventionnement (CNR, CRM et le
Conseil des Arts) qui risqueraient de miner le
potentiel de recherche des universités
canadiennes.
• préparer un mémoire devant servir à intervenir
auprès des gouvernements fédéral et provinciaux
avant la renégociation des ententes fédérales de
transferts fiscaux en vertu desquelles le
gouvernement fédéral assume 50 p. !00 des frais
d'exploitation des universités.
• appuyer l'intervention de CUFABC auprès du
gouvernement de la Colombie-Britannique au
sujet de la création d'une commission de
subventionnement.
• intervenir aux côtés de MOFA auprès du
gouvernement du Manitoba au sujet des suites à
donner au rapport Oliver sur l'éducation post-
secondaire.
• unir ses protestations à celles de l'UAPUO
contre certains articles du projet de loi ontarien
sur les commissions de subventionnement et faire
des propositions au Ministère des collèges et
universités au sujet des ombudsmen en matière
d'éducation.
• protester auprès du gouvernement du Québec
contre ses méthodes de classification.
Pour aider les associations locales qui demandent le
statut d'agent négociateur.
L'ACPU préconise la négociation collective
comme moyen d'atteindre les buts de
PASSOCIATION et déploie depuis deux ans des
efforts vigoureux pour obtenir de bons résultats
dans ce domaine. Elle s'est associée étroitement au
travail des associations qui ont demandé la
reconnaissance syndicale en mettant à leur
disposition du personnel compétent et des
ressources financières. Elle veut adapter la
négociation collective aux circonstances
particulières de chaque université et a réussi à
écarter l'ingérence des syndicats traditionnels.
Pour assurer l'égalité des droits des professeurs
féminins.
Grâce à l'action de son Comité du statut de la
femme professeur, l'ACPU a créé des normes
régissant entre autres le congé de maternité et la
réglementation du népotisme pour garantir aux
femmes un traitement équitable. Elle accorde
actuellement son attention aux questions du salaire
égal pour travail égal, des justes pratiques d'emploi,
de l'équité des avantages sociaux et des garderies.
Pour protéger les droits des bibliothécaires
d'université.
Les filiales de l'ACPU sont reconnues comme agent
négociateur en vertu de la législation- du travail
régissant les bibliothécaires de l'université du
Manitoba et de l'université St. Mary's. Les
bibliothécaires sont membres de l'ACPU dans la
plupart des universités qui possèdent une
association locale affiliée. L'ACPU s'est engagée à
obtenir des conditions de travail équitables pour les
bibliothécaires des universités.
Pour aider les associations locales au sujet des
avantages économiques.
Le siège de l'ACPU tient à la disposition des
associations locales des documents préparés à
l'intention de leur Comité des traitements et
avantages sociaux. L'Association s'est employée à
obtenir de Statistique Canada des statistiques
comparatives utiles aux associations locales lors de
leurs négociations salariales et envisage de créer
cette année une nouvelle structure qui permettrait
de simplifier la production de renseignements
salariaux comparatifs tant au sein qu'à l'extérieur
de la profession.
Pour obtenir des conditions de retraite raisonnables
dans les universités canadiennes.
Le Comité exécutif de l'ACPU s'est donné comme
mission prioritaire de réviser et d'améliorer les
conditions de retraite au cours de l'année
universitaire 1974-1975. L'ACPU a également
décidé de dresser un répertoire des professeurs en
retraite et d'aider les associations locales à obtenir
un traitement raisonnable pour leurs retraités.
Aider ses membres en matière d'impôt sur le revenu.
Le Comité de l'impôt sur le revenu rédige chaque
année un guide fiscal qu'il publie dans le Bulletin de
l'ACPU. Le Comité examine la législation fiscale,
les cas particuliers et les décisions rendues à leur
sujet et communique aux professeurs d'université
les conclusions qu'il convient d'en tirer par des
articles publiés régulièrement dans le Bulletin de
l'ACPU. Le Comité intervient également
périodiquement auprès des ministères des Finances
! et du Revenu national.
Pour protéger vos droits vis-à-vis de la télévision
éducative.
Depuis quelques années de nombreuses provinces
ont mis sur pied ou envisagent d'organiser des
services- de télévision éducative. L'ACPU a
formellement uni ses efforts à ceux de l'ACTRA
(Association canadienne des artistes de la radio et
de la télévision) pour constituer un consortium
national chargé d'informer ses membres de leurs
droits et de leur faire obtenir des redevances
raisonnables. L'ACPU a collaboré avec plusieurs
de ses filiales provinciales pour créer des
consortiums provinciaux chargés de négocier des
ententes collectives avec les autorités compétentes.
Pour protéger vos droits en matière de droits d'auteur
et de brevets.
L'ACPU a défini des normes régissant les lignes de
conduite universitaires en matière de droits d'auteur
et de brevets. Son Comité des droits d'auteur
travaille avec l'ACTRA pour intervenir auprès du
gouvernement fédéral au sujet des modifications
qu'il envisage d'apporter à la Loi sur les droits
d'auteur.
Le Secrétariat de l'ACPU
L'ACPU a des officiers permanents pour mieux
vous servir et pour réaliser les buts ci-haut
mentionnés de l'association. Le Professeur Donald
C. Savage est le Secrétaire Général, et est
responsable des activités générales. Si vous désirez
des informations au sujet de la liberté universitaire
et de la permanence d'emploi, s'il vous plaît écrire
ou appeler le Professeur Victor W. Sim, Secrétaire
Général Adjoint. Concernant la négociation
collective, écrire ou appeler Marie-Claire Pommez.
Pour les informations sur les bénéfices économiques
et les pensions, contacter Georges Frappier. Notre
agent d'information est Israel Cinman et notre
trésorière est Mme Ida Townsend.
Adresse: 66, rue Lisgar, Ottawa, K2P OCl
Téléphone: 613-237-6885
L'ACPU a un bureau régional à Edmonton et un
bureau local à Halifax. A Edmonton, Gordon
Unger est le responsable du bureau qui fonctionne
conjointement avec CAFA. L'adresse est Barnett
House, 1 1010-142 Street. Le téléphone est 403-432-
4391. A Halifax, Roger Crowther est responsable
du bureau. L'adresse est 1568, rue Robbie, Halifax,
Nova Scotia et le téléphone est 902-422-1370.
L'ACPU publie le Bulletin six fois par année pour
informer les professeurs des événements
académiques et des travaux de l'ACPU.
Parce que . . .
L'Association canadienne des professeurs
d'université est la seule organisation
canadienne dont l'unique mandat est de
défendre les intérêts et les droits des
professeurs et des chercheurs des universités et
collèges du Canada, de travailler au
relèvement des normes de la profession et
d'améliorer la qualité de l'enseignement
supérieur au Canada.
CAL'T Bulletin ACPU September /Septembre 1974 — page 31
Why CAUT?
To protect your individual rights in the university.
For the past two decades CAUT has handled scores
of faculty grievances each year concerning renewal
of contract, promotion, tenure and dismissal.
CAUT also lobbys individual universities to"
ensure that proper procedures exist and that they
are used. CAUT and its local associations have
gone a long way towards establishing constitutional
rule rather than personal whim as the norm for
university contracts.
To protect your individual rights vis-à-vis the
government
CAUT has acted to protect the rights of its
members in disputes with the Immigration
Department, the Security Section of the RCMP,
departments using seconded academics, and the
like. CAUT has taken an active interest in the right
to privacy.
To represent the membership at all levels of
government.
In 1973-74 the CAUT:
• lobbyed all levels of government, federal and
provincial, concerning proposed changes in the
structure of the federal granting agencies (NRC,
MRC and the Canada Council) which might
deleteriously affect the research potential of
Canadian universities.
• prepared a position paper to be the base for
lobbying the federal and provincial
governments prior to the renegotiation of the
federal fiscal transfer arrangements by which the
federal government pays 50 per cent of the
operating costs of universities.
• made representations along with CUFABC to
the Government of British Columbia concerning
the creation of a grants commission.
• lobbyed, along with MOFA, the Government of
Manitoba concerning the implementation of the
Oliver Report on post-secondary education.
• protested jointly with OCUFA certain sections
of the proposed legislation in Ontario concerning
grants commissions and also made
representations to the Ministry of Colleges and
Universities concerning educational
ombudsmen.
• protested to the Government of Quebec
concerning classification procedures.
To assist those local associations who seek
certification for collective bargaining.
CAUT is committed to collective bargaining as a
means of securing the goal of the Association
and has in the last two years moved vigorously to
become effective in this area. It has worked closely
with those associations which have sought
certification and has provided them with qualified
personnel and financial assistance. It plans to adapt
collective bargaining to the circumstances of the
university and has defeated the attempts of
traditional unions to intervene.
To ensure equal rights for women academics.
Through its Committee on the Status of Women
Academics, the CAUT has created norms in such
areas as maternity leave and nepotism regulations
to ensure fair treatment for women. It is currently
pursuing questions of equal pay, equitable hiring,
fairness in fringe benefits and day care.
To protect the rights of university librarians.
CAUT locals are bargaining agents under the labor
legislation for the librarians at the University of
Manitoba and St. Mary's University. Librarians
are members of CAUT at most universities where
there are CAUT local associations. CAUT is
committed to securing a fair deal for university
librarians.
To assist local associations in regard to economic
benefits.
The CAUT central office has prepared material
concerning fringe benefits for local salary and
fringe benefit committees. It has lobbyed Statistics
Canada to ensure that local associations get
adequate comparative statistics for salary
negotiations and it will be creating this year a new
structure whereby the supply of comparative salary
information both within and without the profession
will be streamlined.
To ensure decent pension arrangements in Canadian
Universities.
The CAUT Executive has given top priority to the
review and improvement of pension arrangements
in the academic year 1974-75. The CAUT has also
decided to prepare a register of retired professors
and to assist local associations in ensuring that
retired professors get decent treatment.
To assist membership in connection with income tax.
The CAUT Income Tax Committee each year
drafts a tax guide which is printed in the CA UT
Bulletin. It reviews income tax legislation, cases and
rulings and communicates their consequences to
university teachers through a special column in
the CA UT Bulletin. The Committee also makes
representations from time to time to the
Department of Finance and National Revenue.
To protect your rights in regard to educational
television.
In the past few years, many provinces have set up or
are considering educational television production.
CAUT has joined formally with ACTRA
(Association of Canadian Radio and Television
Artists) to form a national consortium to inform its
members as to their rights and ensure that they get
reasonable financial returns. CAUT has joined with
its provincial affiliates in various parts of the
country to create provincial consortia to negotiate
collective bargaining agreements with such
authorities.
To protect your rights in regard to copyright and
patents.
CAUT has established norms for university
copyright and patents policies. The CAUT
Copyright Committee, in conjunction with
ACTRA, is making representations to the federal
government concerning proposed changes in the
copyright law.
The CAUT Central Office
Th&CAUT has full tim&officers to serve^you and to
realize the above goals of the association.
Professor Donald C. Savage is the Executive
Secretary and is in charge of the entire operation. If
you desire information concerning academic
freedom and tenure, please write or call Professor
Victor Sim, the Associate Executive Secretary.
In relation to collective bargaining, write or call
Marie-Claire Pommez. For information on
economic benefits and pension matters, contact
Georges Frappier. Our information officer is Israel
Cinman and our business officer Mrs. Ida
Townsend.
Address: CAUT, 66 Lisgar, Ottawa, K.2P 0C1
Telephone: 613-237-6885
CAUT maintains regional or local offices in
Edmonton and Halifax. Gordon Unger is in charge
of the Edmonton office which is a joint
CAUT/CAFA operation. The address is: Barnett
House, 11010-142 Street, Edmonton, Alberta.
Telephone is: 403-432-4391. Roger Crowther is in
charge of the Halifax Office. The address is 1568
Robie Street, Halifax and the telephone is 902-422-
1370.
The CAUT publishes the CA UT Bulletin six times
a year to help the membership keep informed of
events in the academic world and of the work of
the CAUT.
Because...
The Canadian Association of University
Teachers is the only Canadian organization
with the sole objective of promoting the
interests and rights of teachers and researchers
in Canadian universities and colleges,
advancing the standards of the profession and
improving the quality of higher education in
Canada.
Page 32 — CAUT Bulletin ACPU September/ Septembre 1974